U.S. District Court Eastern District of New York...

US District Court Civil Docket as of 08/07/2009 Retrieved from the court on Monday, August 10, 2009

U.S. District Court Eastern District of New York (Uniondale)

CIVIL DOCKET FOR CASE #: 9:00-cv-02258-TCP-AKT

Murray v. Metropolitan Ins, et al Assigned to: Senior-Judge Thomas C. Platt Referred to: Magistrate-Judge A. Kathleen Tomlinson Demand: $0 Cause: 15:77 Securities Fraud

Date Filed: 04/18/2000 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Movant Credit Suisse First Boston Corporation represented by Douglas M. Kraus

Skadden, Arps, Slate, Meagher & Flom LLP Four Times Square New York, NY 10036-3897 212-735-3000 Fax: 212-735-2000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

Goldman, Sachs & Co., represented by Douglas M. Kraus (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Darren F. Murray on behalf of himself and all others similarly situated

represented by Jared B. Stamell Stamell & Schager, L.L.P. One Liberty Plaza, 35th Floor New York, NY 10006 212-566-4047 Fax: 212-566-4061 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED John C. Crow Stamell & Schager, LLP 1 Liberty Plaza 35th Floor

New York, NY 10006 212-566-4047 Fax: 212-566-4061 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Consol Plaintiff

Martin Gold represented by Jared B. Stamell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John C. Crow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff

Mary A. Devito represented by David Scott Mandel Mandel & Mandel LLP 169 E Flagler Street Suite 1200 Miami, FL 33131 305-374-7771 Fax: 305-374-7776 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jared B. Stamell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John C. Crow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff

Kevin L. Hyms represented by David Scott Mandel (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED Jared B. Stamell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John C. Crow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff

Harry S. Purnell, III represented by David Scott Mandel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jared B. Stamell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John C. Crow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff

Kathy Vanderveur represented by Jared B. Stamell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John C. Crow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff

Michael A. Giannattasio on behalf of himself and all others similarly situated

represented by David Scott Mandel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jared B. Stamell (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED John C. Crow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Defendant

Metropolitan Life Insurance Co. represented by Bruce E. Yannett Debevoise & Plimpton LLP 919 Third Avenue New York, NY 10022 212-909-6000 Fax: 212-909-6836 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Carl Micarelli Debevoise & Plimpton LLP 919 Third Avenue New York, NY 10022 212-909-6000 Fax: 212-909-6836 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Helen Virginia Cantwell Debevoise & Plimpton LLP 919 Third Avenue New York, NY 10022 212-909-6000 Fax: 212-909-6836 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark P. Goodman Debevoise & Plimpton 919 Third Ave. New York, NY 10022 212-909-7253 Fax: 212-909-6836 Email: [email protected] LEAD ATTORNEY

ATTORNEY TO BE NOTICED Michael Schaper Debevoise & Plimpton LLP 919 Third Avenue New York, NY 10022 212-909-6000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric Daniel Meyer Debevoise & Plimpton LLP 919 Third Avenue New York, NY 10022 212-909-6000 Fax: 212-909-6836 Email: [email protected] ATTORNEY TO BE NOTICED Jeffrey Ehrlich Alberts Debevoise & Plimpton 919 Third Avenue New York, NY 10022 212-909-6000 Fax: 212-909-6836 TERMINATED: 09/12/2007 ATTORNEY TO BE NOTICED

Defendant

Metlife, Inc. represented by Bruce E. Yannett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Carl Micarelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Duncan J. Logan Metropolitan Life Insurance Co. One Madison Ave New York, NY 10010 (212) 578-3117 LEAD ATTORNEY ATTORNEY TO BE NOTICED Helen Virginia Cantwell

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark P. Goodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Schaper (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric Daniel Meyer (See above for address) ATTORNEY TO BE NOTICED Jeffrey Ehrlich Alberts (See above for address) TERMINATED: 09/12/2007 ATTORNEY TO BE NOTICED

V.

Respondent

Curtis H. Barnette Nonparty Directors and Officers Group

represented by Bruce E. Yannett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Carl Micarelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Respondent

Robert H. Benmosche Nonparty Directors and Officers Group


Respondent

Gerald Clark Nonparty Directors and Officers Group


Respondent

Joan Ganz Cooney Nonparty Directors and Officers Group


Respondent

Burton A Dole, Jr. Nonparty Directors and Officers Group


Respondent

James R. Houghton Nonparty Directors and Officers Group


Respondent

Harry P. Kamen Nonparty Directors and Officers Group


Respondent

Helene L. Kaplan Nonparty Directors and Officers Group


Respondent

Charles M. Leighton Nonparty Directors and Officers Group


Respondent

Allen E. Murray Nonparty Directors and Officers Group

represented by Bruce E. Yannett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Respondent

Stewart G. Nagler Nonparty Directors and Officers Group

represented by Bruce E. Yannett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Carl Micarelli (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Respondent

John J. Phelan, Jr. Nonparty Directors and Officers Group


Respondent

Hugh B. Price Nonparty Directors and Officers Group


Respondent

Robert G. Schwartz Nonparty Directors and Officers Group


Respondent

Ruth J. Simmons Nonparty Directors and Officers Group


Respondent

William C. Steere, Jr. Nonparty Directors and Officers Group


Respondent

Paulette Beliunas represented by Barry A Weprin Milberg LLP One Pennsylvania Plaza New York, NY 10119 (212)594-5300 Fax: (212)868-1229 Email: [email protected] ATTORNEY TO BE NOTICED

Respondent

John T. Brophy represented by Barry A Weprin (See above for address) ATTORNEY TO BE NOTICED

Respondent

Eugenia Fiala represented by Barry A Weprin (See above for address) ATTORNEY TO BE NOTICED

Respondent

Ira J. Gelb represented by Barry A Weprin (See above for address) ATTORNEY TO BE NOTICED

Respondent

June A. Gelb represented by Barry A Weprin (See above for address) ATTORNEY TO BE NOTICED

Respondent

Paul Hazen represented by Barry A Weprin (See above for address) ATTORNEY TO BE NOTICED

Respondent

Theresa Hazen represented by Barry A Weprin (See above for address) ATTORNEY TO BE NOTICED

Respondent

Richard E. Schweinberg represented by Barry A Weprin (See above for address) ATTORNEY TO BE NOTICED

Respondent

Vijay J. Shah represented by Barry A Weprin (See above for address) ATTORNEY TO BE NOTICED

Respondent

Mark D Smilow represented by Barry A Weprin (See above for address) ATTORNEY TO BE NOTICED

Date Filed # Docket Text

04/18/2000 1 COMPLAINT filed and summons(es) issued for Metropolitan Ins, Metlife, Inc. FILING FEE $ 150.00 RECEIPT # 231091 (Valle, Christine) (Entered: 04/20/2000)

04/27/2000 2 RETURN OF SERVICE executed as to Metropolitan Ins, Metlife, Inc. 4/20/00 Answer due on 5/10/00 for Metlife, Inc., for Metropolitan Ins (Coleman, Laurie) (Entered: 05/03/2000)

05/11/2000 3 STIPULATION and ORDER, extending time for all defendants to answer, move or respond to Complaint , reset answer due for 6/23/00 for Metlife, Inc., for Metropolitan Ins (signed by Judge Thomas C. Platt, on 5/17/00) So Ordered c/m (Coleman, Laurie) (Entered: 05/22/2000)

06/23/2000 4 Letter MOTION by Metropolitan Ins, Metlife, Inc. for permission to exceed Your Honor's page limit for the memorandum , no motion hearing (O'Hara, Karen) (Entered: 06/23/2000)

06/23/2000 Endorsed order granting [4-1] motion for permission to exceed Your Honor's page limit for the memorandum ( Signed by Judge Thomas C. Platt, on 6/22/00) eod #4,

c/m (O'Hara, Karen) (Entered: 06/23/2000)

06/27/2000 5 ORDER, consolidating cases 00cv2258, 00cv3118, and 00cv3723 for all purposes. All papers to be filed under case 00cv2258. When a case which properly belongs as part of In re MetLife Demutualization Litigation is filed is filed it shall be assigned to Judge Platt (signed by Judge Thomas C. Platt, on 6/27/00) c/m (O'Hara, Karen) (Entered: 07/05/2000)

06/27/2000 Consolidated Lead Case (O'Hara, Karen) (Entered: 07/05/2000)

06/30/2000 7 NOTICE of plaintiff's intention to proceed in accordance with 15 USC 77z-1(a)(3)(A)(i)(II) by Darren F. Murray (O'Hara, Karen) (Entered: 07/11/2000)

07/10/2000 6 LETTER dated 6/30/00 from Jared Stamell to Judge Platt re: The difference in the time limits between your motion rules and the statutory requirement in a securities class action for plaintiffs to move to be appointed lead plaintiffs. (O'Hara, Karen) (Entered: 07/10/2000)

07/17/2000 8 NOTICE of attorney appearance for Metropolitan Ins, Metlife, Inc. by Bruce E. Yannett, Duncan J. Logan (O'Hara, Karen) (Entered: 07/17/2000)

07/17/2000 9 Disclosure of interested parties by Metropolitan Ins, Metlife, Inc. (O'Hara, Karen) (Entered: 07/17/2000)

07/21/2000 10 MOTION by Darren F. Murray to appoint lead plaintiffs and for appointment as lead counsel , Motion hearing Motion file stamped: 7/21/00 and mailed/served: 7/21/00 (O'Hara, Karen) (Entered: 08/03/2000)

07/21/2000 11 MEMORANDUM by Darren F. Murray in support of [10-1] motion to appoint lead plaintiffs and for appointment of Stamell & Schager as lead counsel (O'Hara, Karen) (Entered: 08/03/2000)

07/21/2000 12 MEMORANDUM by Metropolitan Ins, Metlife, Inc. in response to the [10-1] motion to appoint lead plaintiffs and for appointment as lead counsel (O'Hara, Karen) (Entered: 08/03/2000)

07/28/2000 Motion hearing held re: [10-1] motion to appoint lead plaintiffs and for appointment as lead counsel (O'Hara, Karen) (Entered: 08/04/2000)

07/28/2000 13 Calendar entry: Before Judge Platt on 7/28/00 at 10:30 a.m. Civil cause for motion hearing. Case called. Counsel for all sides present. Granting [10-1] motion to appoint lead plaintiffs and for appointment as lead counsel. Court Reporter: J. Barbella (O'Hara, Karen) (Entered: 08/04/2000)

08/03/2000 14 ORDER that plaintiff's motion to appoint plaintiff's Gold, Devito, Hyms, Murray, Purnell and Vanderveur as lead plaintiffs and to approve Starnell & Schager as lead counsel. ( signed by Judge Thomas C. Platt, on 8/3/00) c/m (O'Hara, Karen) (Entered: 08/07/2000)

08/14/2000 15 CERTIFICATE OF SERVICE of Judge Platt's Order dated 8/3/00. (O'Hara, Karen) (Entered: 08/14/2000)

09/27/2000 16 LETTER dated 9/27/00 from Karen O'Hara to Mr. Yannett Re: enclosed are your motion papers which the Court rejects The Court asks that you not file any papers relating to the motion or the parties briefing schedule Also regarding the procedures

that shall govern the filing and exchanging of motion papers (Imrie, Robert) (Entered: 10/02/2000)

10/17/2000 17 Letter MOTION by Jared B. Stamell on behalf of Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell III, Kathy Vanderveur for leave to file a 55-page brief in opposition to defendants' motion to dismiss No motion hearing (Imrie, Robert) (Entered: 10/20/2000)

10/17/2000 Endorsed order granting to the extent of filing a brief of no more than 45 pages, the [17-1] motion for leave to file a 55-page brief in opposition to defendants' motion to ( Signed by Judge Thomas C. Platt, on 10/17/00) c/m Endorsed on doc #17 (Imrie, Robert) (Entered: 10/20/2000)

01/12/2001 18 MOTION (filed on the service date) by Metropolitan Ins, Metlife, Inc. for an order dismissing the complaints and this action pursuant to FRCP 12(b)(1) or (6) for lack of subject matter jurisdiction , or in the alternative to stay this action pending the completion of related state-court proceedings , No motion hearing Motion file stamped: 1/16/01 and mailed/served: 1/12/01 (Imrie, Robert) (Entered: 01/24/2001)

01/12/2001 19 MEMORANDUM of LAW by Metropolitan Ins, Metlife, Inc. in support of [18-1] motion for an order dismissing the complaints and this action pursuant to FRCP 12(b)(1) or (6) for lack of subject matter jurisdiction, [18-2] motion to stay this action pending the completion of related state-court proceedings (Imrie, Robert) (Entered: 01/24/2001)

01/12/2001 21 LETTER dated 1/12/01 from Bruce E. Yannett to Judge Platt Re: defendants Metropolitan Life Ins. Co. and MetLife, Inc. wish to call the Court's attention to the attached opinion in Tierney V. John Hancock Mutual Life Ins. Co. (Imrie, Robert) (Entered: 01/24/2001)

01/12/2001 22 MEMORANDUM of LAW by Darren F. Murray in opposition to [18-1] motion for an order dismissing the complaints and this action pursuant to FRCP 12(b)(1) or (6) for lack of subject matter jurisdiction, [18-2] motion to stay this action pending the completion of related state-court proceedings (Imrie, Robert) (Entered: 01/24/2001)

01/12/2001 23 AFFIDAVIT of Jared B. Stamell by Darren F. Murray in opposition to the [18-1] motion for an order dismissing the complaints and this action pursuant to FRCP 12(b)(1) or (6) for lack of subject matter jurisdiction, [18-2] motion to stay this action pending the completion of related state-court proceedings (Imrie, Robert) (Entered: 01/24/2001)

01/12/2001 24 REPLY MEMORANDUM OF LAW by Metropolitan Ins, Metlife, Inc. in further [18-1] motion for an order dismissing the complaints and this action pursuant to FRCP 12(b)(1) or (6) for lack of subject matter jurisdiction, [18-2] motion to stay this action pending the completion of related state-court proceedings. (Imrie, Robert) (Entered: 01/24/2001)

01/16/2001 20 DECLARATION of Bruce E. Yannett by Metropolitan Ins, Metlife, Inc. in support of [18-1] motion for an order dismissing the complaints and this action pursuant to FRCP 12(b)(1) or (6) for lack of subject matter jurisdiction, [18-2] motion to stay this action pending the completion of related state-court proceedings (Imrie, Robert) (Entered: 01/24/2001)

01/16/2001 25 LETTER dated 1/12/01 from Jared B. Stamell to Judge Platt Re: plaintiff requests that the Court diregard defendant's 1/12/021 letter and, if the Court does so, obviously, the additional arguments that plaintiffs make in this letter should also be disregarded. (Imrie, Robert) (Entered: 01/25/2001)

01/19/2001 26 Calendar entry: before Judge Platt on 1/19/01 at 10:30 a.m. Civil Cause for Motion hearing held. Appearances: for pltf- Jarad Stamell; for deft- Joe Tabacco, Bruce Yanett. Motions argued, Decision reserved. Court Reporter/ESR M. Steiger. (Imrie, Robert) (Entered: 02/08/2001)

06/05/2001 27 LETTER dated 6/4/01 from Jared B. Stamell to Judge Platt Re: plaintiffs refer the Court to the Second Circuit's recent decision in Lander v. Hartford Life and Annuity Ins. as additional authority for denying defendant's motion to dismiss. (Imrie, Robert) (Entered: 06/12/2001)

06/08/2001 28 LETTER dated 6/6/01 from Bruce E. Yannett to Judge Platt Re: in response to the plaintiff's letter dated 6/4/01. (Imrie, Robert) (Entered: 06/12/2001)

06/18/2001 29 NOTICE of Change of Firm Address by Metropolitan Ins, Metlife, Inc. (Imrie, Robert) (Entered: 06/19/2001)

06/21/2001 30 LETTER dated 6/15/01 from Theresa A. Marmo to The Clerk Re: change of address. (Imrie, Robert) (Entered: 06/27/2001)

06/21/2001 31 NOTICE of Change of Address by Metropolitan Ins, Metlife, Inc. to 919 Third Ave New York, NY 10022 beginning 7/9/01. (Imrie, Robert) (Entered: 06/27/2001)

07/13/2001 32 LETTER dated 7/12/01 from Bruce E. Yannett to Judge Platt Re: requesting that Your Honor take into account the Tancredi decision (attached) in connection with the pending motion to dismiss. (Imrie, Robert) (Entered: 07/24/2001)

07/19/2001 33 LETTER dated 7/17/01 from Jared B. Stamell to Judge Platt Re: in response to the defendant's 7/12/01 letter. (Imrie, Robert) (Entered: 07/24/2001)

07/23/2001 34 MEMORANDUM and ORDER; denying [18-1] motion for an order dismissing the complaints and this action pursuant to FRCP 12(b)(1) or (6) for lack of subject matter jurisdiction; denying [18-2] motion to stay this action pending the completion of related state-court proceedings. ( signed by Senior Judge Thomas C. Platt, on 7/23/01) c/m (Fagan, Linda) (Entered: 07/31/2001)

08/20/2001 35 LETTER dated 8/6/01 from Carl Micarelli to Judge Platt re: defts request that the Court sign and enter the enclosed stipulaiton and order extending time to answer the complaint (Fagan, Linda) (Entered: 08/21/2001)

08/20/2001 36 LETTER dated 8/7/01 from Theresa A. Marmo to Judge Platt re: the enclosed proposed order to be so ordered extending the time to answer each of the complaints in the consolidated actions to 8/31/01 (Fagan, Linda) (Entered: 08/21/2001)

08/20/2001 37 STIPULATION and ORDER; that defendants shall have until 8/31/01, to answer each of the complaints in the consolidated actions ; Reset Answer due to the complaints due for 8/31/01 for Metlife, Inc., for Metropolitan Ins . ( signed by Senior Judge Thomas C. Platt, on 8/20/01) c/m (Fagan, Linda) (Entered: 08/21/2001)

08/22/2001 38 LETTER dated 8/21/01 from Carl Micarelli to USDJ Platt RE: Briefing schedule for the motion for an interlocutory appeal. (Branciforte, Ralph) (Entered: 08/30/2001)

08/31/2001 39 ANSWER to Class Action Complaint by Metropolitan Ins, Metlife, Inc. (Barhome, Sydelle) (Entered: 09/13/2001)

09/25/2001 40 ORDER; A conference will be held in this case at 2:30 p.m. on 10/9/01 before Michael L. Orenstein, United States Magistrate Judge, U.S. Courthouse, 844 Federal Plaza, Central Islip, New York, as further set forth in this Order . ( signed by Magistrate Michael L. Orenstein, on 9/25/01) c/m (Fagan, Linda) (Entered: 09/27/2001)

10/09/2001 41 Calendar entry: Before Magistrate Orenstein on 10/9/01 at 2:30 P.M. Civil cause for initial conference. Counsel for both sides present. Tape # 01-153 (5902-7106); 01-154 (0-2924) (Lopez, Luz) (Entered: 10/11/2001)

10/09/2001 42 SCHEDULING ORDER Any summary judgment motion shall be scheduled for a pre-motion conference in accordance with Judge Platt's individual practices; setting Discovery cutoff 6/1/02 (as to discovery outlined by the court this date); Pretrial conference for 10:30 2/8/02 ; ( signed by Magistrate L. Orenstein, on 10/9/01) c/g (Lopez, Luz) (Entered: 10/11/2001)

10/31/2001 43 Letter MOTION by Jared B. Stamell on behalf of Darren F. Murray requesting a conference to resolve adiscovery dispute . No motion hearing . (Imrie, Robert) (Entered: 10/31/2001)

11/01/2001 44 LETTER dated 10/31/01 from Carl Miccarelli to Magistrate Orenstein Re: in response to plaintiff's 10/30/01 letter to the Court, a conference would be premature at this time. (Imrie, Robert) (Entered: 11/02/2001)

11/02/2001 48 TRANSCRIPT of hearing before USMJ Orenstein filed for date of 10/9/01. Writer's Cramp, Inc. Transcriber. (Lopez, Luz) (Entered: 11/20/2001)

11/09/2001 45 LETTER dated 11/8/01 from Carl Micarelli to Magistrate Orenstein Re: regarding discovery matters raised in plaintiffs' letter to Your Honor dated 10/30/01 and defendats' letter in response dated 10/31/01. (Imrie, Robert) (Entered: 11/14/2001)

11/09/2001 49 MOTION by Metropolitan Ins and Metlife, Inc. To certify an interlocutory appeal from an Order denying dismissal dated 7/23/01 , No motion hearing Motion file stamped: 11/09/01 and mailed/served: 11/09/01 (Lopez, Luz) Modified on 12/07/2001 (Entered: 11/21/2001)

11/09/2001 50 MEMORANDUM by Metropolitan Ins and Metlife, Inc. in support of [49-1] motion To certify an interlocutory appeal from an Order denying dismissal dated 7/23/01 (Lopez, Luz) (Entered: 11/21/2001)

11/09/2001 51 MEMORANDUM by plaintiffs' in opposition to [49-1] motion To certify an interlocutory appeal from an Order denying dismissal dated 7/23/01 (Lopez, Luz) Modified on 12/07/2001 (Entered: 11/21/2001)

11/09/2001 52 REPLY MEMORANDUM OF LAW by Metropolitan Ins, Metlife, Inc. in further support of [49-1] motion to certify an interlocutory appeal from an Order denying dismissal dated 7/23/01 (Lopez, Luz) (Entered: 11/21/2001)

11/13/2001 46 LETTER dated 11/8/01 from Jared B. Stamell to Magistrate Orenstein Re: n further support of the plaintiff's 10/30/01 request for a conference to resolve a dispute over the extent of the discovery ordered by this Court at a pre-trial conference on 10/9/01. This dispute should be resolved before documents are produced and depositions are taken. (Imrie, Robert) (Entered: 11/14/2001)

11/13/2001 47 LETTER dated 11/9/01 from Carl Micarelli to Magistratre Orenstein Re: in response to plaintiff's 11/8/01 letter to the Court a further conference is neither mnecessary nor appropriate, because plaintiffs have established no bona fide dispute over the meaning of the Court's 10/9/01 decision. (Imrie, Robert) (Entered: 11/14/2001)

11/21/2001 53 MEMORANDUM and ORDER denying [49-1] motion To certify an interlocutory appeal from an Order denying dismissal dated 7/23/01. ( signed by Senior Judge Thomas C. Platt , on 11/21/01) CM (Branciforte, Ralph) (Entered: 11/29/2001)

01/15/2002 54 Letter MOTION by Douglas M. Kraus on behalf of Credit Sussie First, Goldman, Sachs & Co. requesting to quash certain subpoenas pursuant to FRCP 45 and Local Rule 37.3 . No motion hearing (Imrie, Robert) (Entered: 01/16/2002)

01/18/2002 55 LETTER dated 1/17/02 from Jared B. Stamell to Magistrate Orenstein Re: in opposition to the Motion to quash the subpoenas. (Imrie, Robert) (Entered: 01/25/2002)

01/30/2002 56 ORDER denying [54-1] motion requesting to quash certain subpoenas ad testificandum pursuant to FRCP 45 and Local Rule 37.3. CSFB and Goldman are directed to appear for a deposition on a mutually agreeable time and date. ( signed by Magistrate Michael L. Orenstein, on 1/30/02) cm (Lopez, Luz) (Entered: 02/06/2002)

02/08/2002 Status conference held (Lopez, Luz) (Entered: 02/20/2002)

02/08/2002 57 Calendar entry: Case called before USMJ Orenstein on 2/8/02 at 10:30 am. Civil cause for status conference. Setting status conference for 10:00 3/26/02 before Magistrate Michael L. Orenstein Dft shall produce the documents by 2/22/02 responsive to the plts' request. Counsel advised that the Court is not pleased with the pace of discoery this far. If motions to compel or adjudge in contempt are needed, they should be made after good faith effort is made to resolve matters. Tape # 02-29 (3305-4783) (Lopez, Luz) (Entered: 02/20/2002)

03/13/2002 58 Letter MOTION by Darren F. Murray requesting an adjourment of the pretrial conference , no motion hearing (Lopez, Luz) (Entered: 03/22/2002)

03/13/2002 Endorsed order granting [58-1] motion requesting an adjourment of the pretrial conference, Adjourning status conference for 4:00 4/2/02 before Magistrate Michael L. Orenstein ( Signed by Magistrate Michael L. Orenstein, on 3.13.02) cm (Lopez, Luz) (Entered: 03/22/2002)

04/02/2002 Pre-trial conference held (Lopez, Luz) (Entered: 04/08/2002)

04/02/2002 59 Calendar entry: Case called before USMJ Orenstein on 4.2.02 at 4:00 pm. Civil cause for pretrial conference. Setting status conference for 2:30 5/20/02 before Magistrate Michael L. Orenstein Court advised counsel for both sides to convey remarks of court to counsel for Credit Service and Goldman. Parties to execute

confidentiality order. Dft to appear at deposition on 4.10.02 regarding documents existence. (Lopez, Luz) (Entered: 04/08/2002)

04/17/2002 60 LETTER dated 4/16/02 from Jared B. Stamell to Magistrate Orenstein Re: As discussed at the 4/2/02 conference, defendants want a confidentiality order and are withholding certain document production until one is issued. Following the April 2nd conference, I sent defendants a redraft of a form of confidentiality stipulation that they had provided, but I have not had a response. In Order to accelerate the entry of a confidentiality order, I am enclosing a form order satisfactory to plaintiffs and ask that the Court sign this confidentiality order if defendants do not object after the passage of three-day period provided in Local Rule 37.3(c). (proposed confidentialty order annexed) (Imrie, Robert) (Entered: 04/18/2002)

04/19/2002 61 LETTER dated 4/18/02 from Carl Micarelli to Magistrate Orenstein Re: in opposition to plaintiffs' request dated 4/16/02, for entry of plaintiff's version of a confidentialty order. (Defendant's proposed confidentialy order annexed) (Imrie, Robert) (Entered: 04/23/2002)

04/22/2002 62 LETTER dated 4/22/02 from Carl Micarelli to Magistrate Judge Orenstein Re: in response to the plaintiff's letter dated 4/19/02 regarding proposed confidentiality orders. (Imrie, Robert) (Entered: 04/25/2002)

04/22/2002 63 Defendant's Proposed Confidentiality Order. (Imrie, Robert) (Entered: 04/25/2002)

04/22/2002 64 LETTER dated 4/19/02 from Jared B. Stamell to Magistrate Judge Orenstein Re: the confidentiality order (Imrie, Robert) (Entered: 04/26/2002)

04/25/2002 67 Letter MOTION by Jared B. Stamell on behalf of the Plaintiffs requesting an order pursuant to Rule 37(a) to direct defendants and Credit Suisse First Boston Corp to produce witnesses prepared to testify about the location and nature of documents in response in response to a Rule 30(b)(6) subpoena . No motion hearing . (Imrie, Robert) (Entered: 04/29/2002)

04/26/2002 65 TRANSCRIPT filed for status conference for dates of 4/2/02, before Mag. J. Orenstein, Shari Riemer CR (Barhome, Sydelle) (Entered: 04/29/2002)

04/26/2002 66 TRANSCRIPT of pretrial conference, filed for dates of 2/8/02, before Mag. J. Orenstein (Barhome, Sydelle) (Entered: 04/29/2002)

04/30/2002 68 LETTER dated 4/30/02 from Douglas M. Kraus to Magistrate Orenstein Re: Credit Suisse First Boston Corporation and Goldman, Sachs and Co. opposition to plaintiff's application for an order directing CSFB to produce a second witness in response to plaintiffs' deposition subpoena. (Imrie, Robert) (Entered: 05/03/2002)

05/01/2002 69 LETTER dated 4/30/02 from Carl Micarelli to Magistrate Orenstein Re: in opposition to plaintiffs' Rule 37(a) letter motion dated 4/24/02, wherein plaintiffs seek to compel defendants, although defendants have already searched for and produced responsive documents and produced a knowledgeable witness. (Imrie, Robert) (Entered: 05/03/2002)

05/03/2002 70 ORDER - After reviewing the inefficient wrangling by the attorneys for the respective parties, this Court rejects all submitted proposed confidentiallity orders and imposes its own on the parties. (signed by Magistrate Michael L. Orenstein, on 5.3.02) cm (Lopez, Luz) (Entered: 05/10/2002)

05/06/2002 71 Order of Confidentiality - see document #71 for detail information (Signed by Magistrate Michael L. Orenstein on 5.6.02) cm (Lopez, Luz) (Entered: 05/10/2002)

05/09/2002 72 LETTER dated 57/02 from Jared B. Stamel to Magistrate Judge Orenstein Re: pending before the Court is plaintiff's 4/24/02 request to order Credit Suisse and MetLife to produce a witness knowledgeable about the nature and location of documents, plaintiffs are withdrawing this request without prejudice. (Imrie, Robert) (Entered: 05/10/2002)

05/17/2002 73 LETTER dated 5/16/02 from Carl Micarelli to Magistrate Orenstein Re: defendant's response to the plaintiffs' 5/7/02 letter to the Court. (Imrie, Robert) (Entered: 05/17/2002)

05/20/2002 74 Calendar entry: Case called before USMJ Orenstein on 5.20.0 at 2:30 pm. Civil cause for status conference. Counsel for both sides present. C/R: Harry Rapaport. granting [67-1] motion. status conference for 3:00 7/11/02 before Magistrate Michael L. Orenstein Court entered confidentiality order to non-parties. Goldman Sachs and credit Suisse are granted 45 days to identify and provide the documents outlined by the court and to appear for their subpoenaed depositions. Pltff shall provide the portion of schedule D of the 1040 (IRS form) which reflects the capital gain (loss) transactions of the demutualized stock. (Lopez, Luz) (Entered: 05/22/2002)

05/21/2002 75 LETTER dated 5/20/02 from Douglas M. Kraus to Magistrate Orenstein Re: in response to plaintiffs' 5/7/02 letter to the Court. (Imrie, Robert) (Entered: 05/22/2002)

06/07/2002 77 Letter MOTION by Jared B. Stamell on behalf of Darren F. Murray requesting an order directing PricewaterhouseCoopers to produce documents referred in and relating to the opinion letter it issued to policyholders in the demutualization . No motion hearing . (Imrie, Robert) (Entered: 06/21/2002)

06/11/2002 76 LETTER dated 6.10.02 from Jennifer N. Colao to USMJ Orenstein re: I spoke with your law clerk this morning about receiving an extension of time to file a response. She instructed me to obtain consent and send in a letter. At my request, Mr. Stamel has agreed that PwC may file its response on 6/20/02. (Lopez, Luz) (Entered: 06/18/2002)

06/11/2002 Endorsed order - Application granted on consent. No further extensions will be granted. ( Signed by Magistrate Michael L. Orenstein on 6.11.02) EOD #76 cm (Lopez, Luz) (Entered: 06/18/2002)

06/20/2002 78 LETTER dated 6/19/02 from Jennifer N. Colao to Magistrate Orenstein Re: in opposition to the 6/5/02 letter motion to the Court seeking to compel PwC to produce additional documents. (Imrie, Robert) (Entered: 06/21/2002)

06/20/2002 79 LETTER dated 6/19/02 from Carl Micarelli to Magistrate Orenstein Re: in opposition to plaintiff's 6/5/02 letter motion to compel. (Imrie, Robert) (Entered: 06/21/2002)

06/24/2002 80 LETTER dated 6/21/02 from Jared B. Stamell to MJ Orenstein in re: this response, on behalf on plaintiff, to PwC's and Met Life's letter objecting to document production from PwC behalf the 18 pages produced to date. (Romano, Dan)

(Entered: 06/27/2002)

07/03/2002 81 Letter MOTION by Jared B. Stamell on behalf of Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell III, Kathy Vanderveur requesting an order imposing a sanction on Credit Suisse until it appears for deposition . No mtion hearing . (Imrie, Robert) (Entered: 07/09/2002)

07/09/2002 83 LETTER dated 7/9/02 from Douglas M. Kraus to Magistrate Judge Orenstein re: in response to pltffs' 7/2/02 letter requesting a "sanction" on CSFB until it appears for a second deposition in this action. (Fagan, Linda) (Entered: 07/15/2002)

07/11/2002 Status conference held. (Fagan, Linda) (Entered: 07/15/2002)

07/11/2002 82 Calendar entry: before Magistrate Judge Orenstein on 7/11/02 at 3:00 p.m. for Civil Cause for Status Conference. Terminated past due deadlines . Next conference 8/13/02 at 2:30 p.m.; Set status conference for 8/13/02 at 2:30 p.m. before Magistrate Michael L. Orenstein . Further depositions of non-parties Credit Suisse & Goldman are denied without prejudice to a renewal thereof after deposition of Ms. Weiss of Met Life . Deft shall complete its document production by 7/19/02 . Determination of pltff's letter application directed to non-party Price Waterhouse will be made at next conference when Price Waterhouse counsel is present . Tape # 02-130 (863-4914) (Fagan, Linda) (Entered: 07/15/2002)

07/12/2002 Pre-trial conference held. (Fagan, Linda) (Entered: 07/15/2002)

07/24/2002 84 TRANSCRIPT filed for for dates of July 11, 2002 re: Civil cause for status conference before USMJ Orenstein. C/T: Shari Riemer. (Lopez, Luz) (Entered: 07/29/2002)

08/05/2002 85 Letter MOTION by Carl Micarelli on behalf of Metropolitan Ins, Metlife, Inc. requesting a protective order pursuant to FRCP 26(c) enforcing this Court's ruling of 10/9/01, that the Court bar plaintiffs' renewed attempt to obtain discovery on the subject of the calculation of policyholders' actuarial contribution to surplus, which was used to determine the allocation of the variable share of consideration among policyholders . No motion hearing . (Imrie, Robert) (Entered: 08/07/2002)

08/09/2002 86 LETTER dated 8/9/02 from Linda B. Johnston to Jared B. Stamell Re: enclosed please find your letter dated 8/8/02, pursuant tothe Local Civil Rules, letter applications are not to exceed 3 pages, as your letter is four pages in length it is being returned to you. (Imrie, Robert) (Entered: 08/12/2002)

08/12/2002 88 LETTER dated 8/10/02 from Jared B. Stamell to Magistrate Orenstein re: the deposition of MetLife's former Chief Actuary Judy Weiss, the deposition highlights the different positions of the parties with respect to the value of policyholder membership interests and the right of plaintiff's to inquire about that value. (Imrie, Robert) (Entered: 08/22/2002)

08/13/2002 Discovery conference held. (Fagan, Linda) (Entered: 08/15/2002)

08/13/2002 87 Calendar entry: before Magistrate Judge Orenstein on 8/13/02 at 4:00 p.m. for Civil Cause for Discovery Conference; Next conference 9/23/02 at 2:30 p.m.; Set next conference for 9/23/02 at 2:30 p.m. before Magistrate Michael L. Orenstein . Court heard argument re: Price Waterhouse application for a protective order. Ruling placed on the record . Deposition of PWC to be held with parties to renew, if

necessary, need for protective order . Tape # 02-154 (0-2195) (Fagan, Linda) (Entered: 08/15/2002)

09/10/2002 89 TRANSCRIPT filed of Civil Cause for discovery conference before USMJ Orenstein for dates of 8.13.02. C/T: Shari Riemer. (Lopez, Luz) (Entered: 09/11/2002)

09/18/2002 90 Letter MOTION by Darren F. Murray requesting that the status conference scheduled for 9/23/02 be adjourned , No Motion hearing (Lopez, Luz) (Entered: 09/24/2002)

09/18/2002 Endorsed order granting [90-1] motion requesting that the status conference scheduled for 9/23/02 be adjourned, resetting status conference for 4:00 10/9/02 before Magistrate Michael L. Orenstein ( Signed by Magistrate Michael L. Orenstein, on 9.18.02) EOD#90 (Lopez, Luz) (Entered: 09/24/2002)

10/08/2002 92 LETTER dated 10.7.02 from Jared B. Stamell to USMJ Orenstein re: Based on recent deposition of PwC partner pltffs are able to narrow their requests for additional documents. 1) Index made of the boxes containing documents re: demutualization. 2) The right to inspect and copy contents of the indexed bxes. 3) All materials, including emails, whether or not included in the indexed boxes. (Lopez, Luz) (Entered: 10/22/2002)


10/09/2002 93 Calendar entry: Case called before USMJ Orenstein on 10.9.02 at 4:00 pm. Civil cause for status conference. setting status conference for 2:00 11/21/02 before Magistrate Michael L. Orenstein Non party PWC shall furnish the parties with a copy of item #1 in the Stamell letter dated 10/7/02, court denied without prejudice item #2 and denied item #3 as not relevant based upon Mr. Beck's testimony. The depositions remain. Those depositions shall be completed by 11/15/02. (Lopez, Luz) (Entered: 10/22/2002)

10/15/2002 91 LETTER dated 10/10/02 from Jared B. Stamell to Magistrate Orenstein Re: at the status conference yesterday, the Court read from the excerpts of Ken Beck's deposition that was attached to my 10/7/02 letter, I am enclosing a complete copy of that deposition. (Imrie, Robert) (Entered: 10/17/2002)

11/18/2002 94 TRANSCRIPT filed for Civil conference held before USMJ Orenstein for dates of 10.9.02 (Lopez, Luz) (Entered: 11/21/2002)

11/20/2002 95 LETTER dated 11.18.02 from Jared B. Stamell to USMJ Orenstein re: Writing to alert the court to matters that pltffs intend to raise. (Lopez, Luz) (Entered: 11/27/2002)

11/20/2002 96 LETTER dated 11.19.02 from Carl Micarelli to USMJ Orenstein re: Writing in response to the letter of pltffs' counsel dated 11/18/02. (Lopez, Luz) (Entered: 11/27/2002)


11/21/2002 97 Calendar entry: Case called before USMJ Orenstein. Tape # 02-226 (4462-5677) Setting status conference for 2:00 2/4/03 before Magistrate Michael L. Orenstein pltff serving an amended complaint. Parties seek time to determine if motion to

dismiss will be made, and extent of discovery stay. (Lopez, Luz) (Entered: 11/27/2002)

01/10/2003 98 TRANSCRIPT of Civil Cause for Discovery Conference before USMJ Orenstein on 11/21/02. (Lopez, Luz) (Entered: 01/13/2003)

02/04/2003 Status conference held (Barhome, Sydelle) (Entered: 02/12/2003)

02/04/2003 100 Calendar entry: Before Mag. J. Orenstein on 2/4/03 @2:00 for status conference reset status conference for 1:30 5/2/03 before Magistrate Michael L. Orenstein Tape # 03-32 (4396-6217) Parties are directed to obtain motion(s) filing date and oral argument date in accordance with Judge Platt's practices by 4/14/03. Dft agrees to accept plf's amended complaint. Amended complaint filed this date concurrently with this order. (Barhome, Sydelle) (Entered: 02/12/2003)

02/12/2003 99 CONSOLIDATED, AMENDED and SUPPLEMENTAL CLASS ACTION COMPLAINT by Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell III, Kathy Vanderveur, Michael A. Giannattasio , (Answer due 2/22/03 for Metlife, Inc., for Metropolitan Ins ) amending [1-1] complaint (Barhome, Sydelle) (Entered: 02/12/2003)

02/25/2003 101 TRANSCRIPT of Civil Status conference before USMJ Orenstein for dates of 2.4.03. Terry Gribben's Transcription Service (732) 263-0044 (Lopez, Luz) (Entered: 02/27/2003)

03/06/2003 102 LETTER dated 3/5/03 from Jared B. Stamel to Magistrate Orenstein Re: plaintiff needs discovery in three areas in order to respond to the summary judgment motion, the motion which MetLife urged be considered first. Since the COurt ordered the parties to calendar the motions for argument by 4/14/03, I am writing even before "meeting and conferring" because we need to know as soon as possible whether we will obtain the discovery. (Imrie, Robert) (Entered: 03/10/2003)

03/11/2003 103 LETTER dated 3.10.03 from Carl Micarelli to USMJ Orenstein re: I write in response to Mr. Stamell's letter dated 3.5.03. We have been talking with pltffs' counsel about the issues raised in this letter, and it appears that we may be able to resolve those issues by agreement. However, we want to respond to pltffs' letter before too much time has elapsed. (Lopez, Luz) (Entered: 03/21/2003)

03/18/2003 104 LETTER dated 3.17.03 from Jared Stamell. to USMJ Orenstein re: Pltffs ask the Court to approve continuation of discussions between the parties to resolve issues raised in our letters and the calendar the summary judgment motion for a later date when the parties are ready. (Lopez, Luz) (Entered: 03/21/2003)

03/18/2003 Endorsed order, Assuming the letter application of 3.5.03 is withdrawn without prejudice, the application to extend the date for the filing of the dfts summary judgment motion in accordance with the practices of Judge Platt is extended to 6.1.03 So Oredered. (Signed by Magistrate Michael L. Orenstein, on 3.18.03) cm/eod104 (Lopez, Luz) (Entered: 03/21/2003)

03/20/2003 105 LETTER dated 3/19/03 from Carl Micarelli to Magistrate Orenstein Re: in response to Mr. Stamell's letter dated 3/17/03. (Imrie, Robert) (Entered: 03/24/2003)

03/24/2003 106 LETTER dated 3/21/03 from Jared B. Stamell to Magistrate Orenstein Re: with

reference to Mr. Micarelli's 3/19/03 letter, plaintiffs have no problem with MetLife's proposal to put off both its summary judgment and dismissal motions - so long as the schedule is subject to review at the pre-trial conference scheduled for 5/2/03 (Imrie, Robert) (Entered: 03/25/2003)

04/08/2003 107 Letter MOTION by Metropolitan Ins, Metlife, Inc. Requesting clarification that the extension of time to submit the summary judgment motion also applies to the motion to dismiss the amended complaint. , No Motion hearing (Lopez, Luz) (Entered: 04/10/2003)

04/08/2003 Endorsed order: Application as set forth below is GRANTED on consent. (Signed by Magistrate Michael L. Orenstein , on 4.8.03) eod 107/cm (Lopez, Luz) (Entered: 04/10/2003)

05/01/2003 108 Letter dated 5/1/03 from Carl Micarelli to USMJ Orenstein re: Requesting that the status conference be rescheduled to 6/2/03 or later. (Lopez, Adriana) (Entered: 05/13/2003)

05/01/2003 ORDER: Status Conference adjourned to 6/13/2003 03:30 PM before Magistrate-Judge Michael L. Orenstein. Signed by Judge Michael L. Orenstein on 5/1/03. cm/eod108 (Lopez, Adriana) (Entered: 05/13/2003)

06/03/2003 109 Letter from Carl Micarelli to Magistrate Orenstein Regarding Mr. Stamell, has informed me that he requires additional time to respond to defendants' pending motions for summary judgment and to dismiss. I indicated that defendants would not oppose a reasonable extension of plaintiffs' tiime to respond, provided that defendants are allowed a reasonable time for a reply. Defendants request that Your Honor indicate how we should proceed, after Your Honor considers Mr. Stamell's expected request for additional time. (Imrie, Robert) (Entered: 06/04/2003)

06/03/2003 110 Letter MOTION to Adjourn Conference scheduled for 6/13/03 to 7/15/03 by Mary A. Devito, Michael A. Giannattasio, Martin Gold, Kevin L. Hyms, Darren F. Murray, Harry S. Purnell III, Kathy Vanderveur. (Imrie, Robert) (Entered: 06/04/2003)

06/05/2003 111 Letter from Jared B. Stamell to Magistrate Orenstein Re: the schedule of plaintiffs' responses to MetLife's motion to dismiss and for summary judgment. (Imrie, Robert) (Entered: 06/10/2003)

06/10/2003 112 Letter from Carl Micarelli to Magistrate Orenstein Re: we do not oppose Mr. Stamell's request for an extenstion of time. However, we write to clarify two points with respect to Mr. Stamell's letter, and to request an order setting a briefing schedule and a revised date for the next conference. (Imrie, Robert) (Entered: 06/12/2003)

06/10/2003 113 Letter from Jared B. Stamell to Magistrate Orenstein Re: Although MetLife did not approove the requested adjournment of the 6/13/03 conference, the 6/6/03 letter from MetLife's counsel to Your Honor indicates that there may be a discovery dispute and, if so, this Friday may be a timely day to reslove it. (Imrie, Robert) (Entered: 06/12/2003)

06/11/2003 114 Letter dtd. 6/10/03 from Carl Micarelli to Mag.J. Orenstein indicating dfts don't need a conference on 6/13/03 since there's no real basis for plf to raise a discovery

dispute. (Barhome, Sydelle) (Entered: 06/18/2003)

06/18/2003 115 Letter dtd. 6/12/03 from Carl Micarelli to Mag. J. Orenstein advising both parties are requesting to postpone 6/13/03 conference. (Barhome, Sydelle) (Entered: 06/18/2003)

06/18/2003 ORDER re 115 Letter Status Conference adjourned to 6/19/2003 02:00 PM before Magistrate-Judge Michael L. Orenstein. Court has provided three (3) months for counsel to resolve the dicovery dispute. See Stamell letter dated 3/17/03. Signed by Judge Michael L. Orenstein on 6/12/03. (Barhome, Sydelle) (Entered: 06/18/2003)

06/19/2003 116 Minute Entry for proceedings held before Judge Michael L. Orenstein : Status Conference held on 6/19/2003 at 2:00. Court assested in resolving discovery dispute (Tape #03-136 (2000-3648).) (Lopez, Adriana) (Entered: 07/14/2003)

07/17/2003 117 TRANSCRIPT of Proceedings held on 6/19/03 before Judge Orenstein. Court Reporter: Terry Gribben's Transcription. (Lopez, Adriana) (Entered: 07/29/2003)

12/10/2003 118 Letter dated 12/10/03 from Carl Micarelli to USDJ Platt re: Dfts respectfully request that the court 1) decline to sign pltffs' proposed order to show cause, and 2) strike pltffs' motion to strike. (Lopez, Adriana) (Entered: 12/23/2003)

01/12/2004 119 NOTICE of Registration as LLP by Metlife, Inc., Metropolitan Life Insurance Co. (Barhome, Sydelle) (Entered: 01/22/2004)

04/26/2004 120 AMENDED COMPLAINT (SECOND CONSOLIDATED AMENDED AND SUPPLEMENTAL CLASS ACTION COMPLAINT) against Metlife, Inc., Metropolitan Life Insurance Co., filed by Mary A. Devito, Michael A. Giannattasio, Kevin L. Hyms, Darren F. Murray, Harry S. Purnell III, Kathy Vanderveur.(Lopez, Adriana) (Entered: 05/04/2004)

04/26/2004 121 MOTION to Dismiss the second Claim for relief asserted in the second consolidated amended complaint for failure to state a claim on which relief can be granted. Filed by Metlife, Inc., Metropolitan Life Insurance Co.. (Lopez, Adriana) (Entered: 05/04/2004)

04/26/2004 122 MEMORANDUM in Support to the 121 MOTION to Dismiss the second Claim for relief asserted in the second consolidated amended complaint for failure to state a claim on which relief can be granted. Filed by Metlife, Inc., Metropolitan Life Insurance Co.. (Lopez, Adriana) (Entered: 05/04/2004)

04/26/2004 123 Appendix of materials cited in second amended complaint. Filed by Metlife, Inc., Metropolitan Life Insurance Co... (Lopez, Adriana) (Entered: 05/04/2004)

04/26/2004 124 MEMORANDUM in Opposition to the 121 MOTION to Dismiss the second Claim for relief asserted in the second consolidated amended complaint for failure to state a claim on which relief can be granted. Filed by Mary A. Devito, Michael A. Giannattasio, Kevin L. Hyms, Darren F. Murray, Harry S. Purnell III, Kathy Vanderveur. (Lopez, Adriana) (Entered: 05/04/2004)

04/26/2004 125 REPLY in further Support to the 121 MOTION to Dismiss the second Claim for relief asserted in the second consolidated amended complaint for failure to state a claim on which relief can be granted. Filed by Metlife, Inc., Metropolitan Life Insurance Co.. (Lopez, Adriana) (Entered: 05/04/2004)

04/30/2004 126 Minute Entry for proceedings held before Judge Thomas C. Platt : Motion Hearing held on 4/30/2004 re 121 MOTION to Dismiss the second Claim for relief asserted in the second consolidated amended complaint for failure to state a claim on which relief can be granted. Counsel for all sides present. Motion argued by all sides. Decision reserved. (Lopez, Adriana) (Entered: 05/12/2004)

04/30/2004 136 TRANSCRIPT of Motion held on 4/30/04 at 10:45 a.m. before the Judge Hon. Thomas C. Platt. Appearances: Jared B. Stamell and Robert A. Skirnick for plaintiff; Bruce E. Yannett and Carl Micarelli for defendant; and Duncan J. Logan for MetLife. Court Reporter: Paul J. Lombardi. (Dachille, Patti) (Entered: 07/15/2004)

05/10/2004 128 STIPULATION AND ORDER: The time for the defendant (s) to answer or move in response to the Second consolidated complaint is extended to and including 5/24/04. Signed by Judge Thomas C. Platt on 5/10/04. cm(Lopez, Adriana) (Entered: 05/21/2004)

05/18/2004 127 Letter MOTION to Vacate the 10/9/01 Scheduling Order on which defendants rely to limit discovery in this case by Darren F. Murray. (Imrie, Robert) (Entered: 05/19/2004)

05/24/2004 129 Letter dated 5/21/04 from Carl Micarelli to Magistrate Orenstein Re: in opposition to Mr. Stamell's letter dated 5/17/04, in which he seeks to vacate Your Honor's 10/9/01 order with respect to discovery. (Imrie, Robert) (Entered: 06/01/2004)

05/25/2004 131 ANSWER to First claim for releif in the Second consolidated Amended Complaint. FIled by Metlife, Inc., Metropolitan Life Insurance Co..(Lopez, Adriana) (Entered: 06/02/2004)

05/28/2004 130 Letter dated 5/27/04 from Jared B. Stamell to Magistrate Orenstein Re: in opposing plaintiff's motion to vacate the Court's 10/9/01 order limiting discovery, defendants incorrectly assert a stay on prosecution of the 12(a)(2) claim under the Securities Act of 1933 based upon their pending motion to dismiss the 10(b) fraud claim under the Securities Exchange act of 1934. (Imrie, Robert) (Entered: 06/01/2004)

06/02/2004 132 Letter dated 6/1/04 from Carl Micarelli to Magistrate Orenstein Re: in response to Mr. Stamell's letter of 5/27/04. (Imrie, Robert) (Entered: 06/03/2004)

06/07/2004 133 Letter dated 6/4/04 from Jared B. Stamell to Magistrate Orenstein Re: seeking a hearing to argue the legal issues that defendants raise in their 6/1/04 letter about a discovery stay. (Imrie, Robert) (Entered: 06/07/2004)

06/22/2004 134 MEMORANDUM AND ORDER: Metlife's 121 Motion to Dismissthe second claim for relief, of securities fraud, from the class action pltffs' second amended complaint is DENIED. Pltffs allege particular misstatements and omissions in the PIB, and attempt to demonstrate MetLife's scienter through strong circumstantial evidence of recklessness. Accepting pltffs allegations as true and drawing reasonable inferences in their favor, pltffs may be entitled to the relief they seek, and discovery in this case may therefore continue. Signed by JudgeThomas C. Platt on 6/22/04. cm(Lopez, Adriana) (Entered: 06/28/2004)

06/27/2004 135 Letter dtd 6/25/04 from Jared Stamell to USMJ Orenstein re: Because Judge Platt denied the motion to dismiss the 10(b) claim, the discovery application is moot and

pltffs withdraw it. (Lopez, Adriana) (Entered: 07/13/2004)

07/07/2004 Case reassigned to Judge James Orenstein. Judge Michael L. Orenstein no longer assigned to the case. (Bowens, Priscilla) (Entered: 07/07/2004)

07/13/2004 137 ANSWER to Second Consolidated Amended and supplemental class action Complaint. Filed by Metlife, Inc., Metropolitan Life Insurance Co..(Lopez, Adriana) (Entered: 07/16/2004)

08/18/2004 138 ORDER -- A status conference is scheduled for September 20, 2004 at 1:30 p.m. The parties shall e-file a joint status letter by September 10, 2004, which shall include what, if any, discovery remains to be completed. Signed by Judge James Orenstein on 8/18/04. CM(Branciforte, Ralph) (Entered: 08/18/2004)

08/30/2004 145 Letter from Daniel Spillane dtd 8/27/04 to USDJ Platt Regarding Dfts respectfully request that the Court decline to issue pltffs' proposed order to show cause. (Lopez, Adriana) (Entered: 09/20/2004)

09/08/2004 144 MEMORANDUM AND ORDER: The dfts' served motion for summary judgment is denied without prejudice and pltffs' motion is DENIED. Signed by Judge Thomas C. Platt on 9/8/04. (Lopez, Adriana) (Entered: 09/15/2004)

09/09/2004 ORDER -- Due to the Court's schedule, the status conference is rescheudled from 9/20/04 to 9/28/04 at 10:30 a.m. Counsel shall contact the Court with an alternative date if counsel are unavailable at this date and time. Approved by Judge James Orenstein on 9/9/04. CM (Branciforte, Ralph) (Entered: 09/09/2004)

09/10/2004 141 Unsigned Order to Show Cause by Darren F. Murray. (Lopez, Adriana) (Entered: 09/15/2004)

09/10/2004 142 MEMORANDUM in Support of motion for Rule 16 conference. Filed by Darren F. Murray. (Lopez, Adriana) (Entered: 09/15/2004)

09/10/2004 143 AFFIRMATION OF Jared B. Stamell in Support of motion for a Rule 16 conference. Filed by Darren F. Murray. SEE COURT FILES FOR EXHIBITS(Lopez, Adriana) Modified on 9/15/2004 (Lopez, Adriana). (Entered: 09/15/2004)

09/13/2004 139 STATUS REPORT Pursuant to Court's August 16, 2004 Order by Metropolitan Life Insurance Co.. (Micarelli, Carl) (Entered: 09/13/2004)

09/13/2004 140 AFFIDAVIT re 139 Status Report and Compliance With Administrative Order 97-12 by Metlife, Inc., Metropolitan Life Insurance Co.. (Micarelli, Carl) (Entered: 09/13/2004)

09/20/2004 146 Letter from Carl Micarelli to Magistrate Judge James Orenstein Regarding confirming that conference previously scheduled for 9/28/04 has been rescheduled to 10/5/04 at 2:30 pm. (Micarelli, Carl) (Entered: 09/20/2004)

10/05/2004 147 Minute Entry for proceedings held before James Orenstein : Status Conference held on 10/5/2004. The next status conference will be held on November 2, 2004, at 2:00 p.m. THE FOLLOWING RULINGS WERE MADE: The parties shall simultaneously submit letters on October 12, 2004, setting forth their respective positions as to whether discovery should proceed at this point. By October 19,

2004, the parties are directed to confer and submit a joint statement (or, if they cannot agree on such a statement, simultaneously filed statements from each side) setting forth a plan for completing discovery in the event I decide that discovery should now proceed. The statement should note areas in which the parties are in agreement regarding discovery and also outline those disputes that need to be decided early so that further discovery can proceed. (Orenstein, James) (Entered: 10/05/2004)

10/12/2004 148 Letter from Jared Stamell to Hon. James Orenstein Regarding Discovery. (Crow, John) (Entered: 10/12/2004)

10/12/2004 149 Letter from Bruce E. Yannett on behalf of defendants to Honorable James Orenstein Regarding Court's Minute Order of October 5, 2004 directing the submission of letters concerning parties' respective positions as to whether discovery should proceed.. (Attachments: # 1)(Yannett, Bruce) (Entered: 10/12/2004)

10/29/2004 150 NOTICE by Metlife, Inc., Metropolitan Life Insurance Co. JOINT DISCOVERY STATEMENT executed by Carl Micarelli (Debevoise & Plimpton LLP for defendants) and Jared B. Stamell (Stamell & Schager LLP for plaintiffs) (Micarelli, Carl) (Entered: 10/29/2004)

11/10/2004 151 Minute Entry for proceedings held before James Orenstein : Status Conference held on 11/9/2004. The next status conference will be held on January 10, 2005, at 2:00 p.m. THE FOLLOWING RULINGS WERE MADE: As will be set forth in greater detail in a separate memorandum of decision, the first phase of discovery is complete and the defendants will accordingly re-file the summary judgment motion on its theory of loss. Discovery on other matters will be stayed until plaintiff submits an opposition to that motion on the merits (or until Judge Platt determines that such a motion remains premature, if he makes such a determination prior to the submission of plaintiff's opposition on the merits). The schedule for the discovery on those other matters will proceed in accord with the time frames reflected in defendants' proposal. (Orenstein, James) (Entered: 11/10/2004)

11/12/2004 152 MEMORANDUM OF DECISION. After reviewing the parties' submissions, DE 148 and 149, and discussing the matter further at a status conference on November 9, 2004, I directed defendants to renew their proposed summary judgment motion before United States District Judge Thomas C. Platt and further ordered that discovery of remaining matters would proceed upon the earlier of (a) a decision by Judge Platt that the summary judgment motion remains premature or (b) plaintiffs' submission of an opposition to that motion on the merits. This memorandum explains the reasons for that order and also addresses the schedule for further discovery. Signed by Judge James Orenstein on November 12, 2004. (Orenstein, James) (Entered: 11/12/2004)

11/22/2004 Incorrect Case-Document Information filed.docket entry--Appeal of Magistrat Decision --filed--11/22/04 --numbered--153 has been deleted. Should have been entered as an Objection to Magistrate R & R (McMahon, Carol) (Entered: 11/22/2004)

11/22/2004 153 NOTICE by Darren F. Murray re 151 Status Conference,,,, 152 Memorandum & Opinion,, objection to magistrate judge's order re discovery stay (Crow, John)

(Entered: 11/22/2004)

12/06/2004 154 REPLY in Opposition re 153 Notice (Other) DEFENDANTS' RESPONSE TO PLAINTIFFS' OBJECTION TO MAGISTRATE JUDGE'S ORDER by all defendants. (Attachments: # 1 Exhibit A)(Micarelli, Carl) (Entered: 12/06/2004)

12/10/2004 155 NOTICE by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur re 154 Reply in Opposition Reply in Support of Objection (Crow, John) (Entered: 12/10/2004)

12/13/2004 156 MEMORANDUM AND ORDER: The parties do not agree that discovery on the damages issue is complete. Therefore discovery will continue in accordance with the schedule set forth by USMJ Orenstein in his 11/12/04 decision. Metlife's motion for summary judgment is still premature. Signed by Judge Thomas C. Platt on 12/10/04. (Lopez, Adriana) (Entered: 12/13/2004)

12/17/2004 157 MOTION for Order to Show Cause for class certification by all plaintiffs. (Crow, John) (Entered: 12/17/2004)

12/17/2004 158 AFFIDAVIT re 157 MOTION for Order to Show Cause for class certification of Jared Stamell in support by Michael A. Giannattasio, Darren F. Murray, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Crow, John) (Entered: 12/17/2004)

12/17/2004 159 MEMORANDUM in support to the 157 MOTION for Order to Show Cause for class certification, 158 Affidavit, of memorandum in support of motion (Crow, John) Modified on 12/20/2004 (Lopez, Adriana). (Entered: 12/17/2004)

12/17/2004 160 CERTIFICATE OF SERVICE by Michael A. Giannattasio, Darren F. Murray, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur re 159 Notice (Other), Notice (Other), 157 MOTION for Order to Show Cause for class certification, 158 Affidavit, (Crow, John) (Entered: 12/17/2004)

12/18/2004 161 RESPONSE in Opposition re 157 MOTION for Order to Show Cause for class certification filed by all defendants. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Micarelli, Carl) (Entered: 12/18/2004)

12/20/2004 162 Letter from Jared Stamell to Hon. Thomas C. Platt Regarding withdrawing order to show cause re class certification. (Crow, John) (Entered: 12/20/2004)

03/21/2005 163 ORDER -- A telephone status conference in the above-captioned case is scheduled for March 28, 2005 at 12:00 p.m. Plaintiff's counsel shall initiate the call. Mr. Crow shall serve this order on all parties upon receipt. Signed by Judge James Orenstein on 3/21/05. (Branciforte, Ralph) (Entered: 03/21/2005)

03/24/2005 164 Letter from Daniel J. Spillane of Debevoise & Plimpton LLP dated March 24, 2005 to Honorable James Orenstein Regarding the rescheduling of the March 28, 2005 status conference to March 29, 2005 at 10:30am. (Spillane, Daniel) (Entered: 03/24/2005)

03/29/2005 165 Minute Entry for proceedings held before James Orenstein : Telephone Conference held on 3/29/2005. The next status conference will be held on August 9, 2005, at 10:30 a.m. A pretrial conference will be held on January 16, 2006, at 10:30 a.m.

The parties have briefed the class certification motion and are scheduled for oral argument before Judge Platt on April 29, 2005. I will enter a separate amended case management and scheduling order that reflects remaining discovery and other deadlines in the case. (Orenstein, James) (Entered: 03/29/2005)

03/29/2005 166 SCHEDULING ORDER: All non-expert discovery completed by: July 28, 2005. Status Conference: August 9, 2005, at 10:30 a.m. Last day for expert witnesses to serve reports: September 13, 2005. Motion for summary judgment served by: October 25, 2005. All discovery, inclusive of experts, completed by: November 8, 2005. Opposition to motion served by: November 25, 2005. Reply served, Judge Platt's chambers contacted to schedule argument, and all motion papers filed by: December 8, 2005. Pretrial Order to be filed by: January 9, 2006. Pretrial Conference: January 16, 2006, at 10:30 a.m. Signed by Judge James Orenstein on March 29, 2005. (Orenstein, James) (Entered: 03/29/2005)

04/19/2005 167 Letter MOTION for Discovery to compel production re Closed Block by all plaintiffs. (Attachments: # 1)(Crow, John) (Entered: 04/19/2005)

04/19/2005 168 Notice of MOTION to Certify Class by all plaintiffs. Responses due by 4/19/2005 (Attachments: # 1 Plaintiffs' Memorandum in Support of Motion; # 2 Spillane Declaration; # 3Spillane Declaration - Exh. A; # 4 Spillane Declaration Exh. B; # 5 Spillane Declaration Exh. C; # 6Spillane Declaration Exh. D; # 7 Spillane Declaration Exh E; # 8 Spillane Declaration Exh F; # 9 Spillane Declaration Exh G; # 10 Spillane Declaration Exh H; # 11 Spillane Declaration Exh I; # 12 Spillane Declaration Exh J; # 13 Spillane Declaration Exh K; # 14 Spillane Declaration Exh L; # 15 Spillane Declaration Exh M; # 16 Wright Declaration; # 17 Plaintiffs' Reply Memorandum; # 18 Stamell Reply Affirmation; # 19 Stamell Reply Affirmation Exh A; # 20 Stamell Reply Affirmation Exh B; # 21 Admission of Sservice; # 22 Defendants' Memorandum in Opposition to Class Certification)(Crow, John) Modified on 4/20/2005 (Mahon, Cinthia). (Entered: 04/19/2005)

04/20/2005 169 RESPONSE in Opposition re 167 Letter MOTION for Discovery to compel production re Closed Block filed by Metropolitan Life Insurance Co., Metlife, Inc.. (Spillane, Daniel) (Entered: 04/20/2005)

04/21/2005 170 Letter MOTION to Compel Production of Documents by PricewaterhouseCoopers by all plaintiffs. (Crow, John) (Entered: 04/21/2005)

04/21/2005 ORDER denying 167 Motion for Discovery -- As defendant's counsel notes, the instant application does not comply with applicable provisions of the Local Rules of this court and my own Individual Practice Rules. Those provisions require the movant's counsel to meet and confer with opposing counsel in a good faith effort to resolve a dispute before submitting an application, and also to include in the application a report on the results of such efforts. I presume that the defendant's counsel raises this objection because he anticipates that compliance will result in a substantive narrowing of the parties' discovery dispute, and not because he simply seeks to delay resolution of the plaintiffs' application. I therefore deny the plaintiffs' motion 167 without prejudice to its renewal -- in what I am confident will be a narrower form, if any dispute remains -- upon the plaintiffs' compliance with the applicable procedural rules. Approved by Judge James Orenstein on 4/21/05. (Branciforte, Ralph) (Entered: 04/21/2005)

04/22/2005 171 MOTION to Withdraw 170 Letter MOTION to Compel Production of Documents by PricewaterhouseCoopers and to request status conference on 4/29 by all plaintiffs. (Crow, John) (Entered: 04/22/2005)

04/25/2005 ORDER Re: 171 Motion -- A walk-in conference is scheduled for April 29, 2005. The parties shall appear before me after their appearance before Judge Platt. Approved by Judge James Orenstein on 4/25/05. (Branciforte, Ralph) (Entered: 04/25/2005)

04/28/2005 172 Letter from Jared Stamell to Hon. James Orenstein Regarding rescheduling. (Crow, John) (Entered: 04/28/2005)

05/06/2005 173 Minute Entry: Before USMJ James Orenstein. Status Conference held on 5/6/2005. The next telephone status conference will be held on July 6, 2005, at 11:00 a.m. THE FOLLOWING RULINGS WERE MADE: The parties have agreed to certain procedures and scheduling with respect to discovery, as discussed on the record. I will enter a separate amended case management and scheduling order that reflects the deadlines set forth in the parties' jointly proposed plan, as well as periodic telephone status conferences to discuss the progress of discovery. NOTE: The conferences previously scheduled for August 9, 2005 and January 16, 2006 have been rescheduled as set forth in the Second Amended Scheduling Order. (Branciforte, Ralph) (Entered: 05/06/2005)

05/06/2005 174 SECOND AMENDED SCHEDULING ORDER: Defendants' production of documents in response to agreed requests as set forth in Joint Discovery Plan completed by: June 30, 2005; Telephone Status Conference: July 6, 2005, at 11:00 a.m.; Telephone Status Conference: September 9, 2005, at 10:30 a.m.; Telephone Status Conference: November 10, 2005, at 10:30 a.m.; All non-expert discovery completed by: December 30, 2005; Telephone Status Conference: January 6, 2006, at 11:00 a.m.; Expert reports due by: February 13, 2006; Motion for summary judgment served by: March 24, 2006; All discovery, inclusive of experts, completed by: April 7, 2006; Telephone Status Conference: April 17, 2006, at 10:30 a.m.; Opposition to motion for summary judgment served by: April 25, 2006; Reply to motion served and Judge Platt's Chambers contacted to schedule argument (papers to be filed 10 days before argument in accordance with Judge Platt's Individual Practices): May 8, 2006; Pretrial Order filed by: June 7, 2006; Pretrial Conference: June 16, 2006, at 10:30 a.m. Signed by Judge James Orenstein on 5/6/05. (Branciforte, Ralph) (Entered: 05/06/2005)

05/10/2005 175 Minute Entry for proceedings held before Thomas C. Platt : Motion Hearing held on 5/6/2005 at 10:30 a.m. re 168 Notice of MOTION to Certify Class filed by Darren F. Murray. Case called, counsel for all sides present. DECISION RESERVED. See calendar for further details. (Court Reporter Harry Rapaport.) (O'Hara, Karen) (Entered: 05/10/2005)

06/03/2005 176 TRANSCRIPT of Proceedings before Judge J. Orenstein. (Transcription Plus II) (Imrie, Robert) (Entered: 06/03/2005)

06/03/2005 177 TRANSCRIPT of Proceedings held on 11/9/04 before Judge J. Orenstein. (Transcription Plus) (Imrie, Robert) (Entered: 06/03/2005)

06/30/2005 178 Letter from Carl Micarelli on behalf of Defendants to Honorable James Orenstein Regarding Agenda For The July 6, 2005 Telephone Conference. (Micarelli, Carl)

(Entered: 06/30/2005)

07/06/2005 179 Minute Entry for proceedings held before James Orenstein : Telephone Conference held on 7/6/2005. SCHEDULING: The next telephone status conference will be held on September 9, 2005, at 10:30 a.m. THE FOLLOWING RULINGS WERE MADE: With the parties' consent, I will issue a third amended case management and scheduling order that extends current deadlines by 60 days. (Orenstein, James) (Entered: 07/06/2005)

07/06/2005 180 THIRD AMENDED SCHEDULING ORDER: Defendants' production of documents in response to agreed requests as set forth in Joint Discovery Plan completed by: August 29, 2005. Telephone Status Conference: September 9, 2005, at 10:30 a.m. Telephone Status Conference: November 10, 2005, at 10:30 a.m. All non-expert discovery completed by: March 1, 2006. Telephone Status Conference: March 8, 2006, at 9:30 a.m. Expert Report due by: April 17, 2006. Motion for summary judgment served by: May 23, 2006. All discovery, inclusive of experts, completed by: June 6, 2006. Telephone Status Conference: June 16, 2006, at 9:30 a.m. Opposition to motion for summary judgment served by: June 26, 2006. Reply to motion served and Judge Platt's Chambers contacted to schedule argument (Papers to be filed 10 days before argument in accordance with Judge Platt's Individual Practices): July 7, 2006. Pretrial Order filed by: August 7, 2006. Pretrial Conference: August 15, 2006, at 10:00 a.m. SEE ATTACHED ORDER. Ordered by Judge James Orenstein on July 6, 2005. (Orenstein, James) (Entered: 07/06/2005)

07/19/2005 181 ORDER granting 168 Motion to Certify Class. All of the named Plfs are appropriate and adequate class representatives except Mr. Darrell Murray, for the reasons discussed above.Ordered by JudgeThomas C. Platt on 7/19/05. (Barhome, Sydelle) (Entered: 07/20/2005)

09/06/2005 182 Letter from Carl Micarelli dated 9/6/05 to Honorable James Orenstein Regarding parties' agenda prior to the September 9, 2005 Conference. (Micarelli, Carl) (Entered: 09/06/2005)

09/07/2005 183 TRANSCRIPT of Proceedings held on 5/6/05 before Judge Thomas C. Platt. Court Reporter: Harry Rapaport. (Montero, Edher) (Entered: 09/07/2005)

09/09/2005 184 Minute Entry for proceedings held before James Orenstein : Telephone Conference held on 9/9/2005. SCHEDULING: The next telephone Status conference will be held on November 10, 2005, at 10:30 a.m. THE FOLLOWING RULINGS WERE MADE: (1) The parties will submit letter briefs on an anticipated motion to compel production of documents withheld on the basis of privilege. After reviewing the submissions, I will contact the parties as to whether oral argument will be needed in person. (2) Discovery is proceeding. I will consider any application to further amend the discovery schedule at the next conference. (Orenstein, James) (Entered: 09/09/2005)

11/03/2005 ORDER -- The status conference scheduled for November 10, 2005 at 10:30 a.m. is rescheduled for November 17, 2005 at 11:00 a.m. Approved by Judge James Orenstein on 11/3/05. (Adams-Ciardullo, Diana) (Entered: 11/03/2005)

11/10/2005 185 Letter from Jared Stamell to Hon. James Orenstein Regarding Changing time of telephone conference. (Crow, John) (Entered: 11/10/2005)

11/14/2005 ORDER re 185 Letter -- The application is granted. The November 17, 2005 telephone conference previously scheduled for 11:00 a.m. is rescheduled for 2:00 p.m. Approved by Judge James Orenstein on 11/14/05. (Adams-Ciardullo, Diana) (Entered: 11/14/2005)

11/15/2005 186 STATUS REPORT Plaintiffs agenda letter for 11-17 status tele-conference by Darren F. Murray. (Crow, John) (Entered: 11/15/2005)

11/17/2005 187 Minute Entry for proceedings held before James Orenstein : Telephone Conference held on 11/17/2005. SCHEDULING: (1) The next telephone status conference will be held on March 8, 2006, at 9:30 a.m. (2) A telephone status conference will be held on June 16, 2006 at 9:30 a.m. (3) A pretrial conference will be held on August 15, 2006 at 10:00 a.m. THE FOLLOWING RULINGS WERE MADE: The parties are proceeding with discovery, and there are no discovery disputes that are yet ripe for resolution. The plaintiffs' request to extend the discovery schedule will be held in abeyance. (Orenstein, James) (Entered: 11/17/2005)

12/21/2005 188 Unsigned Order to Show Cause to enjoin a state action by Michael A. Giannattasio, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Attachments: # 1 Affidavit Stamell Affirmation# 2 Exhibit Stamell Aff Ex 1# 3 Exhibit Stamell Aff Ex 2# 4 Exhibit Stamell Aff Ex 3# 5 Exhibit Stamell Aff Exh 4# 6 Exhibit Stamell Aff Ex 5# 7 Exhibit Stamell Aff Ex 6# 8 Exhibit Stamell Aff Ex 7# 9 Exhibit Stamell Aff Ex 8# 10 Supplement Memo in support of order to show cause)(Crow, John) (Entered: 12/21/2005)

12/28/2005 189 Unsigned Order to Show Cause to enjoin a state action (revised) by Michael A. Giannattasio, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered: 12/28/2005)

12/29/2005 190 ORDER TO SHOW CAUSE Show Cause Hearing, as to why an order should not be issued enjoining prosecution of Fiala, et al. v. Metropolitan Life Ins. Co., et al, set for 2/3/2006 02:00 PM before Senior Judge Thomas C. Platt. Ordered by Judge Thomas C. Platt on 12/29/05. (Barhome, Sydelle) (Entered: 01/04/2006)

01/06/2006 191 NOTICE of Appearance by Bruce E. Yannett on behalf of Curtis H. Barnette, Robert H. Benmosche, Gerald Clark, Joan Ganz Cooney, Burton A Dole, Jr, James R. Houghton, Harry P. Kamen, Helene L. Kaplan, Charles M. Leighton, Allen E. Murray, Stewart G. Nagler, John J. Phelan, Jr, Hugh B. Price, Robert G. Schwartz, Ruth J. Simmons, William C. Steere, Jr (Yannett, Bruce) (Entered: 01/06/2006)

01/06/2006 192 NOTICE of Appearance by Carl Micarelli on behalf of Allen E. Murray (Nonparty Directors and Officers Group), Curtis H. Barnette, Robert H. Benmosche, Gerald Clark, Joan Ganz Cooney, Burton A Dole, Jr, James R. Houghton, Harry P. Kamen, Helene L. Kaplan, Charles M. Leighton, Stewart G. Nagler, John J. Phelan, Jr, Hugh B. Price, Robert G. Schwartz, Ruth J. Simmons, William C. Steere, Jr (Micarelli, Carl) (Entered: 01/06/2006)

01/06/2006 193 ACKNOWLEDGEMENT OF SERVICE Executed as to 190 Order to Show Cause, / Nonparty Directors and Officers' Acknowledgment of Service on 12/30/05 of O/S/C dated 12/29/05 with supporting papers, etc. / Acknowledgement filed by Curtis H. Barnette, Robert H. Benmosche, Gerald Clark, Joan Ganz Cooney, Burton A Dole, Jr, James R. Houghton, Harry P. Kamen, Helene L. Kaplan, Charles M. Leighton, Allen E. Murray (Nonparty Directors and Officers Group),

Stewart G. Nagler, John J. Phelan, Jr, Hugh B. Price, Robert G. Schwartz, Ruth J. Simmons, William C. Steere, Jr. (Micarelli, Carl) (Entered: 01/06/2006)

01/12/2006 194 NOTICE of Appearance by Barry A Weprin on behalf of Paulette Beliunas, John T. Brophy, Eugenia Fiala, Ira J. Gelb, June A. Gelb, Paul Hazen, Theresa Hazen, Richard E. Schweinberg, Vijay J. Shah, Mark D Smilow (Weprin, Barry) (Entered: 01/12/2006)

01/12/2006 195 ACKNOWLEDGEMENT OF SERVICE Executed by Nonparty Policyholder Group For Order to Show Cause Acknowledgement filed by Paulette Beliunas, John T. Brophy, Eugenia Fiala, Ira J. Gelb, June A. Gelb, Paul Hazen, Theresa Hazen, Richard E. Schweinberg, Vijay J. Shah, Mark D Smilow. (Weprin, Barry) (Entered: 01/12/2006)

01/23/2006 196 AFFIDAVIT of Service for Order to Show Cause with supporting memorandum and affidavit served on Defendants, Counsel for Fiala plaintiffs, Counsel for Fiala individual defendants on 12/29/2005, filed by Michael A. Giannattasio, Darren F. Murray, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Crow, John) (Entered: 01/23/2006)

01/27/2006 197 AFFIDAVIT re 190 Order to Show Cause, /Defendants' and Nonparty Directors and Officers' RESPONSE to Plaintiffs' Motion to Enjoin a State Action that is Barred by Federal Securities Law by Metropolitan Life Insurance Co., Metlife, Inc., Curtis H. Barnette, Robert H. Benmosche, Gerald Clark, Joan Ganz Cooney, Burton A Dole, Jr, James R. Houghton, Harry P. Kamen, Helene L. Kaplan, Charles M. Leighton, Allen E. Murray, Stewart G. Nagler, John J. Phelan, Jr, Hugh B. Price, Robert G. Schwartz, Ruth J. Simmons, William C. Steere, Jr. (Micarelli, Carl) (Entered: 01/27/2006)

01/28/2006 198 RESPONSE TO ORDER TO SHOW CAUSE by Paulette Beliunas, John T. Brophy, Eugenia Fiala, Ira J. Gelb, June A. Gelb, Paul Hazen, Theresa Hazen, Richard E. Schweinberg, Vijay J. Shah, Mark D Smilow. (Lovell, Christopher) (Entered: 01/28/2006)

01/28/2006 199 RESPONSE TO ORDER TO SHOW CAUSE by Paulette Beliunas, John T. Brophy, Eugenia Fiala, Ira J. Gelb, June A. Gelb, Paul Hazen, Theresa Hazen, Richard E. Schweinberg, Vijay J. Shah, Mark D Smilow. (Attachments: # 1 Affidavit Affidavit of Jody Krisiloff Part II)(Lovell, Christopher) (Entered: 01/28/2006)

02/02/2006 200 REPLY in Support re 190 Order to Show Cause, by all plaintiffs. (Crow, John) (Entered: 02/02/2006)

02/02/2006 201 AFFIDAVIT in Support re 200 Reply in Support, 190 Order to Show Cause, by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Crow, John) (Entered: 02/02/2006)

02/02/2006 202 AFFIDAVIT of Service for Reply Memorandum and Affidavit in Support of Order to Show Cause served on Defendants' counsel, counsel for individual defendants in Fiala action, and co-lead counsel for plaintiffs in Fiala action on 02/01/2006, filed by Michael A. Giannattasio, Martin Gold, Mary A. Devito, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered: 02/02/2006)

02/08/2006 231 Letter dtd. 2/7/06 from Jared B. Stamell to Hon. J. Platt advising that although SLUSA authorizes any party to remove a case from State Court, neither the Fiala Plaintiff nor dfts will volunteer to do so because they fear they may waive an argument about removal or jurisiction. This Court, however, may order the plfs or dfts, or both, to remove. (Barhome, Sydelle) (Entered: 06/28/2006)

02/09/2006 203 Letter From Carl Micarelli Dated 2/9/06 To Judge Platt addressing Issues Concerning Removal Of Fiala Under The Securities Litigation Uniform Standards Act of 1998 And In Response To The Federal Plaintiffs' 2/7/06 Letter by Metropolitan Life Insurance Co., Metlife, Inc., Curtis H. Barnette, Robert H. Benmosche, Gerald Clark, Joan Ganz Cooney, Burton A Dole, Jr, James R. Houghton, Harry P. Kamen, Helene L. Kaplan, Charles M. Leighton, Allen E. Murray, Stewart G. Nagler, John J. Phelan, Jr, Hugh B. Price, Robert G. Schwartz, Ruth J. Simmons, William C. Steere, Jr. (Micarelli, Carl) (Entered: 02/09/2006)

03/07/2006 204 MOTION for Extension of Time to Complete Discovery by all plaintiffs. (Crow, John) (Entered: 03/07/2006)

03/08/2006 Minute Entry for proceedings held before A. Kathleen Tomlinson : Telephonic Status Conference held on 3/8/2006. The next conference is scheduled for March 17, 2006 at 2:30 p.m, courtroom 910. The parties are directed to file a letter, no more than two pages long, setting forth the status of discovery to date, including, but not limited to, any open issues with respect to document production and review, the number of depositions remaining (party and non-party) and any concerns either party may have with regard to such depositions. (Jacobwitz, Beth) (Entered: 03/08/2006)

03/10/2006 205 Letter from Carl Micarelli of Debevoise & Plimpton LLP to Magistrate Judge Tomlinson requesting that March 17, 2006 discovery conference be rescheduled from 2:30 p.m. to 4:30 p.m. on consent of the parties. by Metropolitan Life Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered: 03/10/2006)

03/13/2006 SCHEDULING ORDER: Status Conference set for 3/17/2006 04:00 PM before Magistrate-Judge A. Kathleen Tomlinson.. Ordered by Judge A. Kathleen Tomlinson on 03/13/06. (Jacobwitz, Beth) (Entered: 03/13/2006)

03/15/2006 206 Letter To U.S. Magistrate Judge A. Kathleen Tomlinson From Bruce Yannett, Esq. In Response To The Court's March 8, 2006 Directive To Submit A Status Report Concerning Discovery by Metropolitan Life Insurance Co., Metlife, Inc.. (Yannett, Bruce) (Entered: 03/15/2006)

03/15/2006 207 MOTION for Extension of Time to Complete Discovery by all plaintiffs. (Crow, John) (Entered: 03/15/2006)

03/17/2006 208 SCHEDULING ORDER: Status Conference set for 4/17/2006 10:30 AM before Magistrate-Judge A. Kathleen Tomlinson. SEE ATTACHED FOURTH AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. Ordered by Judge A. Kathleen Tomlinson on 03/17/06. (Jacobwitz, Beth) (Entered: 03/17/2006)

03/17/2006 209 Minute Entry and Order for proceedings held before A. Kathleen Tomlinson : Status Conference held on 3/17/2006. The next telephone conference will be held on April 17, 2006 at 10:30 a.m. Plaintiffs' counsel is to initiate the call. THE

FOLLOWING RULINGS WERE MADE: Plaintiffs' application to extend the deadlines in the previous scheduling order for 90 days is GRANTED. 2. Within one week from today, Defendants will disclose to Plaintiffs the name of the appropriate Rule 30(b)(6) witness(es) to be produced on behalf of Defendants. The parties will confer in good faith regarding an expedited deposition of that Rule 30(b)(6) witness(es) so that subsequent depositions can be scheduled in a timely manner. 3. The parties agree to a total of 15 depositions going forward. Once these examinations have concluded, should additional depositions be deemed essential by any party, counsel are directed to confer in good faith to resolve the issue. If the parties cannot agree, then the unresolved dispute is to be brought to my immediate attention. 4. Plaintiffs' application to extend the seven (7) hour presumptive limit on depositions is DENIED, with leave to renew on a witness-by-witness basis for good cause shown if the parties cannot reach an agreement among themselves. 5. In view of the lengthy history of this case, no further extensions of discovery will be granted absent a showing of extraordinary circumstances. 6.I will enter a separate FOURTH AMENDED CASE MANAGEMENT AND SCHEDULING ORDER that reflects the deadlines discussed at the conference today. (Jacobwitz, Beth) (Entered: 03/17/2006)

03/28/2006 Judge A. Kathleen Tomlinson added. Judge James Orenstein no longer assigned to case. (Vaughn, Terry) (Entered: 03/28/2006)

04/12/2006 210 Letter of Carl Micarelli (Debevoise & Plimpton LLP) written on behalf of both sides with the consent of plaintiffs' counsel in response to Judge Tomlinson's direction that the parties file a letter in advance of the telephone conference scheduled for April 17, 2006; the parties respectfully wish to report briefly on the status of discovery-- by Metropolitan Life Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered: 04/12/2006)

04/17/2006 Minute Entry for proceedings held before A. Kathleen Tomlinson : Telephonic Status Conference held on 4/17/2006. The next telephonic conference is scheduled for May 17, 2006 at 11:30 a.m. The parties reported that discovery is proceeding and that they have been able resolve any issues that have arisen without Court intervention. No requests for judicial intervention were made and no ruling were issued. (Jacobwitz, Beth) (Entered: 04/17/2006)

04/25/2006 211 MANDATE/DECISION BY USCA, SECOND CIRCUIT on motion before USCA by Mary A. Devito re 181 Order on Motion to Certify Class, ordered that petition to move for interlocutory appeal is denied. Copy sent to chambers. (Romano, Daniel) (Entered: 05/03/2006)

05/09/2006 212 MOTION to Certify Class /Notice of Defendants' Motion for a Determination Regarding the Membership of the Certified Class by all defendants. (Attachments: # 1 Certificate of Service)(Micarelli, Carl) (Entered: 05/09/2006)

05/09/2006 213 RESPONSE in Support re 212 MOTION to Certify Class /Notice of Defendants' Motion for a Determination Regarding the Membership of the Certified Class /Defendants' Memorandum of Law in Support filed by all defendants. (Micarelli, Carl) (Entered: 05/09/2006)

05/09/2006 214 AFFIDAVIT in Support re 212 MOTION to Certify Class /Notice of Defendants' Motion for a Determination Regarding the Membership of the Certified Class

/Declaration of Joseph A. Reali in Support filed by all defendants. (Attachments: # 1 Exhibit A)(Micarelli, Carl) (Entered: 05/09/2006)

05/09/2006 215 REPLY to Response to Motion re 212 MOTION to Certify Class /Notice of Defendants' Motion for a Determination Regarding the Membership of the Certified Class /Defendants' Reply Memorandum of Law in Further Support filed by all defendants. (Attachments: # 1 Plaintiffs' Memorandum in Response to MetLife's Motion for a Determination Regarding the Membership of the Certified Class# 2 Affirmation of Jared B. Stamell in Response to MetLife's Motion# 3 Stamell Exhibit 1# 4 Stamell Exhibit 2# 5 Stamell Exhibit 3# 6 Stamell Exhibit 4# 7 Stamell Exhibit 5# 8 Stamell Exhibit 6# 9 Stamell Exhibit 7# 10 Stamell Exhibit 8# 11 Stamell Exhibit 9# 12 Stamell Exhibit 10# 13 Stamell Exhibit 11)(Micarelli, Carl) (Entered: 05/09/2006)

05/09/2006 216 First MOTION to Adjourn Conference by all plaintiffs. (Crow, John) (Entered: 05/09/2006)

05/10/2006 Motions terminated, 204 MOTION and 207 MOTION pursuant to #209-granting motions. (Montero, Edher) (Entered: 05/11/2006)

05/11/2006 ORDER granting 216 Motion to Adjourn Conference scheduled for May 17, 2006. The status conference is rescheduled for May 19, 2006 at 9:30 a.m. Ordered by JudgeA. Kathleen Tomlinson on 05/11/06. (Jacobwitz, Beth) (Entered: 05/11/2006)

05/16/2006 217 Letter re Agenda for May 19, 2006 Conference by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered: 05/16/2006)

05/19/2006 218 Minute Entry for proceedings held before A. Kathleen Tomlinson : Status Conference held on 5/19/2006. The rullings made at today's conference are set forth in the attached order. A Fifth Amended Case Management and Scheduling Order will be entered separately. The briefing schedule on Plaintiffs' motion to use certain documents as evidence is as follows: a) Plaintiffs will serve their motion on Defendant no later than May 31, 2006; b) Defendant's opposition must be served no later than June 7, 2006; c) Plaintiffs' reply, if any, must be served no later than June 14, 2006. The parties are directed to my Individual Rules regarding the bundling and filing of motion papers via ECF. SEE ATTACHED ORDER. (Jacobwitz, Beth) (Entered: 05/19/2006)

05/19/2006 Incorrect Case/Document/Entry Information. After the court entered a scheduling order (doc 219), it has been deleted and a corrected copy will be entered. (Talbott, Thomas) (Entered: 05/19/2006)

05/19/2006 219 SCHEDULING ORDER: Final Pretrial Conference set for 1/25/2006 11:00 AM before Magistrate-Judge A. Kathleen Tomlinson. SEE ATTACHED FIFTH AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. Ordered by Judge A. Kathleen Tomlinson on 05/19/06. (Jacobwitz, Beth) (Entered: 05/19/2006)

05/19/2006 220 Minute Entry for proceedings held before Thomas C. Platt : Motion Hearing held on 5/19/2006 at 10:30 a.m. re 212 MOTION to Certify Class /Notice of Defendants' Motion for a Determination Regarding the Membership of the Certified Class filed by Metropolitan Life Insurance Co.,, Metlife, Inc.,. Case called. Counsel for all

sides present. Motion argued. DECISION RESERVED. (Court Reporter Ron Tolkin.) (O'Hara, Karen) (Entered: 05/22/2006)

06/14/2006 221 Letter from Carl Micarelli to Magistrate Judge Tomlinson regarding Status of Discovery, and Agenda for June 19, 2006 Conference by Metropolitan Life Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered: 06/14/2006)

06/21/2006 222 Notice of MOTION to Compel production of documents by all plaintiffs. (Attachments: # 1 Exhibit Certificate of Service)(Crow, John) (Entered: 06/21/2006)

06/21/2006 223 AFFIDAVIT re 222 Notice of MOTION to Compel production of documents by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Attachments: # 1 Exhibit A# 2 Errata B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E pt 1# 6 Exhibit E pt 2# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M)(Crow, John) (Entered: 06/21/2006)

06/21/2006 224 AFFIDAVIT re 222 Notice of MOTION to Compel production of documents by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Kathy Vanderveur. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Crow, John) (Entered: 06/21/2006)

06/21/2006 225 MEMORANDUM in Support re 222 Notice of MOTION to Compel production of documents by all plaintiffs. (Crow, John) (Entered: 06/21/2006)

06/21/2006 226 MEMORANDUM in Opposition re 224 Affidavit,, 225 Memorandum in Support, 223 Affidavit,, 222 Notice of MOTION to Compel production of documents / Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion to Compel/ by all defendants. (Attachments: # 1 Certificate of Service by hand on 6/9/06, executed by Eric Meyer)(Micarelli, Carl) (Entered: 06/21/2006)

06/21/2006 227 MEMORANDUM in Opposition re 224 Affidavit,, 225 Memorandum in Support, 223 Affidavit,, 222 Notice of MOTION to Compel production of documents, 226 Memorandum in Opposition, / DECLARATION of Eric D. Meyer in Opposition to Plaintiffs' Motion to Compel / by all defendants. (Attachments: # 1 Exhibit A (redacted)# 2 Exhibit B (redacted)# 3 Exhibit C (redacted)# 4 Certificate of Service)(Meyer, Eric) (Entered: 06/21/2006)

06/21/2006 228 REPLY to Response to Motion re 222 Notice of MOTION to Compel production of documents filed by all plaintiffs. (Attachments: # 1 Affidavit Affidavit in Support of Reply# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4)(Crow, John) (Entered: 06/21/2006)

06/21/2006 229 REPLY to Response to Motion re 222 Notice of MOTION to Compel production of documents Corrected Reply Brief filed by all plaintiffs. (Crow, John) (Entered: 06/21/2006)

06/26/2006 230 Minute Entry for proceedings held before A. Kathleen Tomlinson : Status Conference held on 6/19/2006. The monthly status conference scheduled for July 17, 2006 is adjourned in light of the hearing on the motion for a protective order scheduled for July 18, 2006. Defendant will serve amended Rule 26 disclosures addressing changes to its New York Insurance Department witnesses by June 26,

2006. By July 3, 2006, Defendant will identify another Rule 30(b)(6) witness able to testify as to particular language used by Defendant in its Form 10-Q as identified by Plaintiffs. SEE ATTACHED ORDER FOR FURTHER RULINGS. Ordered by magistrate Judge A. Kathleen Tomlinson. (Jacobwitz, Beth) (Entered: 06/26/2006)

06/29/2006 232 MOTION for Discovery Offers of Proof by all plaintiffs. (Crow, John) (Entered: 06/29/2006)

07/06/2006 233 RESPONSE in Opposition re 232 MOTION for Discovery Offers of Proof Letter Response in opposition to plaintiffs' June 29 letter motion seeking "an order requiring MetLife to provide offers of proof" for eight non-parties presently or formerly associated with the NYS Insurance Department or its independent advisors, filed by all defendants. (Micarelli, Carl) (Entered: 07/06/2006)

07/10/2006 234 Letter MOTION for Discovery Motion to Compel by all plaintiffs. (Attachments: # 1 Exhibit 1 A-C# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12)(Crow, John) (Entered: 07/10/2006)

07/13/2006 235 RESPONSE in Opposition re 234 Letter MOTION for Discovery Motion to Compel Production of Privileged Documents Relating to Policyholder Information Materials and Registration Statement filed by all defendants. (Attachments: # 1 Exhibit Exhibit A - SEC Comment Letter)(Micarelli, Carl) (Entered: 07/13/2006)

07/14/2006 236 STATUS REPORT Parties Joint Agenda for Status Conference 7/18/06 by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered: 07/14/2006)

07/14/2006 237 STATUS REPORT Corrected--Parties Joint Agenda for Status Conference 7/18/06 by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered: 07/14/2006)

07/17/2006 238 Letter Status re Rule 30(b)(6) witness by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered: 07/17/2006)

07/20/2006 239 Minute Entry for proceedings held before A. Kathleen Tomlinson : Discovery Hearing held on 7/18/2006. SCHEDULING: The next telephone conference will be held on August 17, 2006 at 11 a.m. THE FOLLOWING RULINGS WERE MADE: 1. The schedule for monthly telephone status conferences set forth in the Fifth Amended Case Management and Scheduling Order will remain in place. However, all other dates set forth in that order, including the timing of the parties' anticipated summary judgment motions, will be stayed pending resolution of the motions to compel discovery. 2. Plaintiffs' motion for an Offer of Proof is DENIED for the reasons set forth in the record at today's conference (see separate Order). 3. The parties are to report back to the Court following their July 20 meeting with a detailed list of the documents covered by the instant motions to compel and as to which the parties have been unable to reach agreement. The list provided to the Court shall include a description of the document, the type of privilege claimed and the basis on which the privilege is challenged. This list shall be filed jointly by the parties no later than August 10, 2006. 4. Defendant is directed to provide an

affidavit or affidavits from individuals who have first-hand knowledge of the facts discussed at today's conference. I RESERVE DECISION on Plaintiffs' two motions to compel pending further briefing on these issues. Defendant shall file the aforementioned affidavits no later than August 18, 2006. I am GRANTING Defendant's request to simultaneously file a brief supplemental memorandum of law of no more than ten (10) pages addressing the legal issues supported by the affidavits as well as those raised during today's conference. Plaintiffs may file a supplemental response, if they choose to do so, not exceeding ten (10) pages, no later than August 28, 2006. Defendant may file a reply, if it chooses to do so, no later than September 5, 2006. Defendant's reply shall not exceed five (5) pages. SEE ATTACHED ORDER FOR ADDITIONAL RULINGS AND INFORMATION. So Ordered by Judge A. Kathleen Tomlinson. (Tomlinson, A.) (Entered: 07/20/2006)

07/20/2006 240 ORDER denying 232 Motion for an offer of proof. SEE THE ATTACHED ORDER. Ordered by JudgeA. Kathleen Tomlinson on 07/18/06. (Jacobwitz, Beth) (Entered: 07/20/2006)

08/02/2006 241 MOTION to Compel Production of Tax Documents by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Crow, John) (Entered: 08/02/2006)

08/03/2006 242 MOTION for Extension of Time to File Response/Reply as to 241 MOTION to Compel Production of Tax Documents by Metropolitan Life Insurance Co., Metlife, Inc.. (Spillane, Daniel) (Entered: 08/03/2006)

08/04/2006 ORDER granting 242 Motion for Extension of Time to File Response/Reply. Defendant's time to respond to Plaintiffs' Motion to Compel Discovery dated August 2, 2006 is extended to August 11, 2006. Ordered by A. Kathleen Tomlinson on 08/04/06. (Jacobwitz, Beth) (Entered: 08/04/2006)

08/07/2006 244 MEMORANDUM AND ORDER DENYING Federal Plfs' Motion to Enjoin a State Action for reasons outlined in this Order. Ordered by Judge Thomas C. Platt on 8/7/06. (Barhome, Sydelle) (Entered: 08/11/2006)

08/08/2006 243 Letter MOTION for Extension of Time to File / Letter motion for extension of time to 8/15/06 for parties to file joint list of documents covered by motions to compel as to which parties have been unable to reach agreement / by all defendants. (Micarelli, Carl) (Entered: 08/08/2006)

08/09/2006 ORDER granting 243 Motion for Extension of Time to File a detailed list of documents covered by the motions to compel. The parties have until August 15, 2006 to file the list. Ordered by JudgeA. Kathleen Tomlinson on 08/09/06. (Jacobwitz, Beth) (Entered: 08/09/2006)

08/11/2006 245 RESPONSE in Opposition re 241 MOTION to Compel Production of Tax Documents filed by all defendants. (Micarelli, Carl) (Entered: 08/11/2006)

08/15/2006 246 Letter to Magistrate Judge Tomlinson regarding agenda for August 17, 2006 telephone conference, by Metropolitan Life Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered: 08/15/2006)

08/15/2006 247 RESPONSE to Motion re 222 Notice of MOTION to Compel production of

documents, 234 Letter MOTION for Discovery Motion to Compel . PARTIES' JOINT REPORT REGARDING DOCUMENTS COVERED BY MOTIONS TO COMPEL filed by all parties. (Attachments: # 1 Appendix Defendants' Log of Documents as to Which Attorney-Client Privilege or Work Product Is Disputed)(Micarelli, Carl) (Entered: 08/15/2006)

08/16/2006 248 RESPONSE to Motion re 222 Notice of MOTION to Compel production of documents, 234 Letter MOTION for Discovery Motion to Compel . Letter from Carl Micarelli to Judge Tomlinson regarding Addendum to Defendants' Log of Documents as to Which Attorney-Client Privilege or Work Product Is Disputed filed by all defendants. (Attachments: # 1 Appendix Addendum to Defendants' Log of Documents as to Which Attorney-Client Privilege or Work Product Is Disputed)(Micarelli, Carl) (Entered: 08/16/2006)

08/18/2006 249 Minute Entry and Order for proceedings held before A. Kathleen Tomlinson : Status Conference held on 8/17/2006. In light of the oral argument on Plaintiffs' motions to compel discovery scheduled for September 21, 2006, the monthly telephonic status conference scheduled for September 18, 2006 is adjourned. During today's conference, Defendant requested an extension of time to file its affidavit in support of its claims of privilege and accompanying memorandum of law until August 22, 2006. For the reasons stated during the conference, that request is GRANTED. Plaintiffs' supplemental response shall be filed no later than August 30, 2006 and Defendant's reply shall be filed no later than September 7, 2006. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson. (Jacobwitz, Beth) (Entered: 08/18/2006)

08/22/2006 250 MEMORANDUM in Opposition re 229 Reply to Response to Motion, 224 Affidavit,, 225 Memorandum in Support, 223 Affidavit,, 247 Response to Motion,, 227 Memorandum in Opposition,, 222 Notice of MOTION to Compel production of documents, 235 Response in Opposition to Motion,, 226 Memorandum in Opposition,, 228 Reply to Response to Motion,, 234 Letter MOTION for Discovery Motion to Compel DEFENDANTS' SUPPLEMENTAL MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS' MOTIONS TO COMPEL by all defendants. (Attachments: # 1 Declaration of Ira Friedman (Senior VP and Chief Privacy Officer of Metropolitan Life Insurance Company) in Opposition to Plaintiffs' Motions to Compel# 2 Declaration of Joseph A. Reali (Senior VP and Tax Director of Metropolitan Life Insurance Company) in Opposition to Plaintiffs' Motions to Compel# 3 Defendants' CORRECTED Log of Documents as to Which Attorney-Client Privilege or Work Product is Disputed)(Micarelli, Carl) (Entered: 08/22/2006)

08/22/2006 251 AFFIDAVIT in Opposition re 229 Reply to Response to Motion, 224 Affidavit,, 225 Memorandum in Support, 223 Affidavit,, 227 Memorandum in Opposition,, 222 Notice of MOTION to Compel production of documents, 235 Response in Opposition to Motion,, 250 Memorandum in Opposition,,,,, 226 Memorandum in Opposition,, 228 Reply to Response to Motion,, 234 Letter MOTION for Discovery Motion to Compel SUPPLEMENTAL DECLARATION of Eric D. Meyer in Opposition to Plaintiffs' Motions to Compel by all defendants. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Meyer, Eric) (Entered: 08/22/2006)

08/24/2006 252 Letter submitted on behalf of all defendants to the Clerk of the Court and counsel

explaining the necessity of e-filing the corrected Exhibit E herein / by Metlife, Inc.. (Attachments: # 1 {Corrected} Exhibit E to the Supplemental Declaration of Eric D. Meyer in Opposition to Plaintiffs' Motions to Compel filed on 8/22/06 (see document # 251))(Meyer, Eric) (Entered: 08/24/2006)

08/25/2006 253 Letter MOTION for Extension of Time to File Response/Reply to defendants' supplemental papers on motions to compel by all plaintiffs. (Crow, John) (Entered: 08/25/2006)

08/28/2006 ORDER granting 253 Motion for Extension of Time to File Response/Reply. Plaintiffs' responses due by 9/8/2006. Defendant's reply due by 9/18/2006. Ordered by JudgeA. Kathleen Tomlinson on 08/28/06. (Jacobwitz, Beth) (Entered: 08/28/2006)

08/28/2006 255 MEMORANDUM AND ORDER denying Federa Plfs' Motion to Enjoin a State Action for reasons outlined in this Memo & Order.. Ordered by Judge Thomas C. Platt on 8/28/06. (Barhome, Sydelle) (Entered: 08/30/2006)

08/29/2006 254 MEMORANDUM & ORDER denying 212 Motion for a Determination Regarding the Membership of the Certified Class. Notice shall be distributed to all Class members in accordance with this Opinion.. Ordered by JudgeThomas C. Platt on 8/29/06. (Barhome, Sydelle) (Entered: 08/30/2006)

09/08/2006 256 RESPONSE in Support re 222 Notice of MOTION to Compel production of documents, 241 MOTION to Compel Production of Tax Documents, 234 Letter MOTION for Discovery Motion to Compel filed by all plaintiffs. (Attachments: # 1 Supplement Plaintiffs' Marked Log of Disputed Documents# 2 Supplement Notes to Plaintiffs' Log Entries)(Crow, John) (Entered: 09/08/2006)

09/08/2006 257 AFFIDAVIT in Support re 222 Notice of MOTION to Compel production of documents, 241 MOTION to Compel Production of Tax Documents, 234 Letter MOTION for Discovery Motion to Compel re Response to Defendants' Supplemental Opposition filed by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Errata J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R)(Crow, John) (Entered: 09/08/2006)

09/12/2006 258 RESPONSE in Support re 222 Notice of MOTION to Compel production of documents, 241 MOTION to Compel Production of Tax Documents, 234 Letter MOTION for Discovery Motion to Compel Corrected Memo for Response in Support of Motions filed by all plaintiffs. (Crow, John) (Entered: 09/12/2006)

09/18/2006 259 REPLY to Response to Motion re 222 Notice of MOTION to Compel production of documents, 241 MOTION to Compel Production of Tax Documents, 234 Letter MOTION for Discovery Motion to Compel / Defendants' Reply to Plaintiffs' Response to Defendants' Supplemental Memorandum of Law in Opposition to Plaintiffs' Motion to Compel filed by all defendants. (Micarelli, Carl) (Entered: 09/18/2006)

09/18/2006 260 AFFIDAVIT in Opposition re 222 Notice of MOTION to Compel production of documents, 241 MOTION to Compel Production of Tax Documents, 234 Letter MOTION for Discovery Motion to Compel / Declaration of Carl Micarelli in Reply

to Plaintiffs' Response to Defendants' Supplemental Memorandum of Law in Opposition to Plaintiffs' Motions to Compel filed by all defendants. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Micarelli, Carl) (Entered: 09/18/2006)

09/29/2006 261 Minute Entry and Order for proceedings held before A. Kathleen Tomlinson : Discovery Hearing held on 9/21/2006. The monthly telephone status conference scheduled for October 19, 2006 is adjourned to October 23, 2006 at 10:30 a.m. Today I heard oral argument of Plaintiff's three pending motions to compel discovery. I reserved decision and will issue a written memorandum and order. During the course of today's hearing, Plaintiffs' counsel handed up a newly discovered decision. Defendant shall be afforded an opportunity to provide the Court with a letter, no longer than 2 pages, addressing the argument made by Plaintiffs' counsel at today's conference regarding this case. Such letter shall be filed no later than September 26, 2006. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson. (Jacobwitz, Beth) (Entered: 09/29/2006)

09/29/2006 264 USCA Acknowledgment: original record and index received. USCA# 06-4273-mv.(Duong, Susan). (Entered: 10/24/2006)

10/20/2006 262 STATUS REPORT on behalf of both parties for telephone conference 10/23/06 by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered: 10/20/2006)

10/23/2006 263 Minute Entry for proceedings held before A. Kathleen Tomlinson : Status Conference held on 10/23/2006. The parties reported that discovery has been progressing and that there are two areas in which discovery may proceed pending my ruling on Plaintiffs' motions to compel. I will schedule a telephone status conference at the time I issue a ruling on Plaintiffs' pending motions to compel to discuss the entry of an Amended Case Management and Scheduling Order.Approved by Magistrate Judge A. Kathleen Tomlinson. (Jacobwitz, Beth) (Entered: 10/23/2006)

11/15/2006 265 MANDATE on motion directly before US Court of Appeals denying motion for an interlocutory appeal. No appeal to district to which this can be linked. Copy sent to chambers. (Romano, Daniel) (Entered: 11/17/2006)

12/21/2006 266 Letter MOTION for Hearing to apply new class certification evidentary standard by all plaintiffs. (Crow, John) (Entered: 12/21/2006)

12/21/2006 Motions terminated: 266 Letter MOTION for Hearing to apply new class certification evidentary standard filed by Darren F. Murray. (1/22/07 conference held in response to the letter). Ordered by Judge Thomas C. Platt on 12/21/2006. (McMorrow, Karen) (Entered: 06/13/2007)

12/29/2006 267 RESPONSE to Motion re 266 Letter MOTION for Hearing to apply new class certification evidentary standard / Letter from Carl Micarelli to Judge Thomas C. Platt in Response to Plaintiffs' 12/21/06 Letter Motion filed by all defendants. (Micarelli, Carl) (Entered: 12/29/2006)

01/22/2007 Minute Entry for proceedings held before Thomas C. Platt : Status Conference held on 1/22/2007 at 10:00 a.m.. Case called. Jared Stamell, Robert Skirnick, Eric Newman and Chris Lovell for plaintiffs; Bruce Yanett and Carl Micarelli for

defendant. Conference held regarding plaintiff's December 21, 2006 letter to the Court re: MetLife's motion to vacate based on the "IPO" case. Discussion held. The Court is allowing the parties to submit affidavits and declarations on the issue. Plaintiffs are allowed three weeks, Defendant will reply three weeks after. Dicovery is still needed after Mag. Judge Tomlinson's decision. (Court Reporter Ellen combs.) (OHara, Karen) (Entered: 01/23/2007)

02/02/2007 Appeal Record Returned: USCA 06-4273mv (Romano, Daniel) (Entered: 02/14/2007)

03/30/2007 268 ORDER denying 222 Motion to Compel; denying 234 Motion for Discovery; granting in part and denying in part 241 Motion to Compel. SEE ATTACHED MEMORANDUM AND ORDER. Ordered by Judge A. Kathleen Tomlinson on 3/30/07. (Jacobwitz, Beth) (Entered: 03/30/2007)

04/02/2007 SCHEDULING ORDER: Telephone Conference set for 5/4/2007 02:00 PM before Magistrate-Judge A. Kathleen Tomlinson. Counsel for Plaintiffs shall initiate the call. Ordered by Judge A. Kathleen Tomlinson on 4/02/07. (Jacobwitz, Beth) (Entered: 04/02/2007)

04/10/2007 269 MOTION to Vacate 181 Order on Motion to Certify Class Defendants' Notice of Motion to Vacate Class Certification by all defendants. (Attachments: # 1 Defendants' Memorandum of Law in Support of their Motion to Vacate Class Certification# 2 Appendix A to Defendants' Supporting Memorandum of Law# 3 Appendix B to Defendants' Supporting Memorandum of Law# 4 Appendix C to Defendants' Supporting Memorandum of Law# 5 Appendix D to Defendants' Supporting Memorandum of Law# 6 Certificate of Service) (Micarelli, Carl) (Entered: 04/10/2007)

04/10/2007 270 RESPONSE in Opposition re 269 MOTION to Vacate 181 Order on Motion to Certify Class Defendants' Notice of Motion to Vacate Class Certification MOTION to Vacate 181 Order on Motion to Certify Class Defendants' Notice of Motion to Vacate Class Certification MOTION to Vacate 181 Order on Motion to Certify Class Defendants' Notice of Motion to Vacate Class Certification PLAINTIFFS' MEMORANDUM IN RESPONSE TO METLIFE'S MOTON TO DECERTIFY THE CLASS with supporting AFFIRMATION OF JARED B. STAMELL filed by all plaintiffs. (Attachments: # 1 Affirmation of Jared B. Stemell (Stamell & Schager, LLP) in Opposition to Metlife's Motion to Decertify the Class# 2 Exhibit 1 to Affirmation in Opposition of Jared B. Stemell# 3 Exhibit 2 to Affirmation in Opposition of Jared B. Stemell# 4 Exhibit 3 to Affirmation in Opposition of Jared B. Stemell# 5 Exhibit 4 to Affirmation in Opposition of Jared B. Stemell# 6 Exhibit 5 to Affirmation in Opposition of Jared B. Stemell# 7 Exhibit 6 to Affirmation in Opposition of Jared B. Stemell# 8 Exhibit 7 to Affirmation in Opposition of Jared B. Stemell# 9 Exhibit 8a to Affirmation in Opposition of Jared B. Stemell# 10 Exhibit 8b to Affirmation in Opposition of Jared B. Stemell# 11 Exhibit 8c to Affirmation in Opposition of Jared B. Stemell# 12 Exhibit 9 to Affirmation in Opposition of Jared B. Stemell# 13 Exhibit 10a to Affirmation in Opposition of Jared B. Stemell# 14 Exhibit 10b to Affirmation in Opposition of Jared B. Stemell# 15 Exhibit 11 to Affirmation in Opposition of Jared B. Stemell# 16 Exhibit 12 to Affirmation in Opposition of Jared B. Stemell# 17 Exhibit 12-A to Affirmation in Opposition of Jared B. Stemell# 18 Exhibit 13 to Affirmation in Opposition of Jared B. Stemell# 19 Exhibit 14 to Affirmation in Opposition of Jared B. Stemell#

20 Exhibit 15 to Affirmation in Opposition of Jared B. Stemell# 21 Exhibit 16 to Affirmation in Opposition of Jared B. Stemell# 22 Exhibit 17 to Affirmation in Opposition of Jared B. Stemell# 23 Errata 18 to Affirmation in Opposition of Jared B. Stemell# 24 Exhibit 19 to Affirmation in Opposition of Jared B. Stemell# 25 Exhibit 20 to Affirmation in Opposition of Jared B. Stemell# 26 Exhibit 21 to Affirmation in Opposition of Jared B. Stemell# 27 Exhibit 22 to Affirmation in Opposition of Jared B. Stemell# 28 Exhibit 23 to Affirmation in Opposition of Jared B. Stemell# 29 Exhibit 24 to Affirmation in Opposition of Jared B. Stemell# 30 Exhibit 25 to Affirmation in Opposition of Jared B. Stemell# 31 Exhibit 26 to Affirmation in Opposition of Jared B. Stemell# 32 Exhibit 27 to Affirmation in Opposition of Jared B. Stemell# 33 Exhibit 28 to Affirmation in Opposition of Jared B. Stemell# 34 Exhibit 29 to Affirmation in Opposition of Jared B. Stemell# 35 Exhibit 30 to Affirmation in Opposition of Jared B. Stemell# 36 Exhibit 31 to Affirmation in Opposition of Jared B. Stemell# 37 Exhibit 32a to Affirmation in Opposition of Jared B. Stemell# 38 Exhibit 32b to Affirmation in Opposition of Jared B. Stemell# 39 Exhibit 33a to Affirmation in Opposition of Jared B. Stemell# 40 Exhibit 33b to Affirmation in Opposition of Jared B. Stemell# 41 Exhibit 34 to Affirmation in Opposition of Jared B. Stemell# 42 Exhibit 35 to Affirmation in Opposition of Jared B. Stemell# 43 Exhibit 36 to Affirmation in Opposition of Jared B. Stemell# 44 Errata 37 to Affirmation in Opposition of Jared B. Stemell# 45 Exhibit 38 to Affirmation in Opposition of Jared B. Stemell# 46 Exhibit 39 to Affirmation in Opposition of Jared B. Stemell# 47 Exhibit 40 to Affirmation in Opposition of Jared B. Stemell# 48 Exhibit 41 to Affirmation in Opposition of Jared B. Stemell# 49 Exhibit 42 to Affirmation in Opposition of Jared B. Stemell# 50 Exhibit 43 to Affirmation in Opposition of Jared B. Stemell) (Micarelli, Carl) (Entered: 04/10/2007)

04/10/2007 271 REPLY to Response to Motion re 269 MOTION to Vacate 181 Order on Motion to Certify Class Defendants' Notice of Motion to Vacate Class Certification MOTION to Vacate 181 Order on Motion to Certify Class Defendants' Notice of Motion to Vacate Class Certification MOTION to Vacate 181 Order on Motion to Certify Class Defendants' Notice of Motion to Vacate Class Certification DEFENDANTS' REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF THEIR MOTION TO VACATE CLASS CERTIFICATION with supporting DECLARATION OF JEFFREY ALBERTS and Certificate of Service. (This filing pertains to document #s 181, 269 and 270) filed by all defendants. (Attachments: # 1 DECLARATION of Jeffrey Alberts in Further Support of Defendants' Motion to Vacate Class Certification# 2 Exhibit A to Declaration of Jeffrey Alberts# 3 Exhibit B to Declaration of Jeffrey Alberts# 4 Exhibit C to Declaration of Jeffrey Alberts# 5 Exhibit D to Declaration of Jeffrey Alberts# 6 Exhibit E to Declaration of Jeffrey Alberts# 7 Exhibit F to Declaration of Jeffrey Alberts# 8 Certificate of Service) (Micarelli, Carl) (Entered: 04/10/2007)

04/16/2007 272 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Michael A. Giannattasio, Darren F. Murray, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III re 268 Order on Motion to Compel, Order on Motion for Discovery, (Attachments: # 1 Exhibit Hearing Transcript# 2 Exhibit Exh 2-Prospectus Excerpts# 3 Exhibit Exh 3-SEC 3/3/00 Letter# 4 Exhibit Exh 4-Stamell 10/16/06 Letter) (Crow, John) (Entered: 04/16/2007)

04/17/2007 274 Letter MOTION to Seal Document 273 Letter / Defendants' Unopposed Urgent

Request to Immediately Seal Document No. 273 by all defendants. (Micarelli, Carl) (Entered: 04/17/2007)

04/17/2007 ELECTRONIC ORDER granting 274 Letter MOTION to Seal Document 273 Letter Defendants' Unopposed Urgent Request to Immediately Seal Document No. 273. The motion to seal docket entry # 273 is hereby GRANTED. The Clerk's Office is directed to immediately place docket entry # 273 under seal. Ordered by JudgeA. Kathleen Tomlinson on 4/17/07. (Cass, Luke) (Entered: 04/17/2007)

04/18/2007 275 Letter MOTION to Adjourn Conference / Letter to Judge Platt requesting adjournment of oral argument scheduled for April 20, 2007 re Motion to Vacate Class Certification by all defendants. (Micarelli, Carl) (Entered: 04/18/2007)

04/18/2007 276 RESPONSE to Motion re 275 Letter MOTION to Adjourn Conference / Letter to Judge Platt requesting adjournment of oral argument scheduled for April 20, 2007 re Motion to Vacate Class Certification re argument date filed by all plaintiffs. (Crow, John) (Entered: 04/18/2007)

04/19/2007 ELECTRONIC ORDER granting 275 Motion to Adjourn Conference. Oral argument is rescheduled for Friday, May 4, 2007 at 11:30 a.m.. Ordered by JudgeThomas C. Platt on 4/19/2007. (McMorrow, Karen) (Entered: 04/19/2007)

04/19/2007 277 Letter to Magistrate Judge Tomlinson re sealed document by Michael A. Giannattasio, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III (Crow, John) (Entered: 04/19/2007)

04/30/2007 278 Letter to Judge Tomlinson accompanying defendants' submission of documents for in camera inspection (Related document nos. 268 and 273) by Metropolitan Life Insurance Co., Metlife, Inc. (Micarelli, Carl) (Entered: 04/30/2007)

05/02/2007 279 Letter MOTION to Adjourn Conference / Letter to Judge Tomlinson requesting adjournment of the telephone conference currently scheduled for May 4, 2007 at 2:00 p.m. by all defendants. (Alberts, Jeffrey) (Entered: 05/02/2007)

05/03/2007 280 Letter to Magistrate Judge Tomlinson from Plaintiffs re Plaintiffs motion filed under seal by Michael A. Giannattasio, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III (Crow, John) (Entered: 05/03/2007)

05/03/2007 ORDER granting 279 Motion to Adjourn Conference. At the request of the parties, the telephone conference scheduled for May 4, 2007 is adjourned to May 18, 2007 at 3:00 p.m. Ordered by Judge A. Kathleen Tomlinson on 5/3/07. (Jacobwitz, Beth) (Entered: 05/03/2007)

05/03/2007 281 MEMORANDUM in Opposition re 272 Appeal of Magistrate Judge Decision to District Court, / Defendants' Opposition to Plaintiffs' Objections to Magistrate Judge's Order by all defendants. (Micarelli, Carl) (Entered: 05/03/2007)

05/04/2007 Minute Entry for proceedings held before Thomas C. Platt : Motion Hearing held on 5/4/2007 re 269 MOTION to Vacate 181 Order on Motion to Certify Class Defendants' Notice of Motion to Vacate Class Certification filed by Metropolitan Life Insurance Co., Metlife, Inc. Counsel for all sides present. Oral argument on the motion not necessary. The Court will prepare an order on the motion. Plaintiff requests a trial date. The Court is reluctant to set a trial date at this time. (Court Reporter Dom Tursi.) (McMorrow, Karen) (Entered: 05/09/2007)

05/09/2007 283 MEMORANDUM in Opposition re 280 Letter / Letter Brief to Magistrate Judge Tomlinson from Defendants Opposing Plaintiffs' Motion Filed Under Seal by all defendants. (Micarelli, Carl) (Entered: 05/09/2007)

05/09/2007 284 ORDER denying 269 Motion to Vacate this court's July 19, 2005 Order certifying a class in this action. (See order for details). Ordered by JudgeThomas C. Platt on 5/9/2007. (McMorrow, Karen) (Entered: 05/11/2007)

05/14/2007 285 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Michael A. Giannattasio, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III re 268 Order on Motion to Compel, Order on Motion for Discovery, (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B) (Crow, John) (Entered: 05/14/2007)

05/16/2007 286 STATUS REPORT CORRECTED Status Report to Magistrate Judge Tomlinson by all parties for May 18 status conference by Michael A. Giannattasio, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III (Crow, John) (Entered: 05/16/2007)

05/18/2007 SCHEDULING ORDER: The telephone conference scheduled for May 18, 2007 is adjourned to May 21, 2007 at 3:00 p.m. Please note the time change. Counsel for Plaintiffs shall initiate the call. Ordered by Judge A. Kathleen Tomlinson on 5/18/07. (Jacobwitz, Beth) (Entered: 05/18/2007)

05/21/2007 287 Minute Entry for proceedings held before A. Kathleen Tomlinson : Telephone Status Conference held on 5/21/2007. SCHEDULING: A telephone conference will be held on June 28, 2007 at 11:30 a.m. Plaintiffs' counsel is to initiate the call. THE FOLLOWING RULINGS WERE MADE: 1. I reviewed the issues raised in the May 16, 2007 status report filed by Plaintiffs' counsel. Based upon the contents of that update, as well as my discussions with the parties today, I am amending the Case Management and Scheduling Order. That amended order will be entered separately. I advised the parties that I am not staying discovery pending the outcome of Plaintiffs' appeal of my March 30, 2007 Order [DE 268] to Judge Platt. 2. Because the report of the internal investigation voluntarily undertaken by MetLife does not contain affidavits from the people MetLife interviewed, Plaintiffs have asked Judge Platt in their reply brief on the appeal of my March 30 Order to order Met Life to produce the affidavits requested. I am now advised, however, that Plaintiffs' counsel wishes to take depositions of potential witnesses Scovill and Tantillo. Defendants' counsel agrees to provide the address of Tantillo and to obtain available deposition dates from Scovill and potentially Tantillo. I have directed the parties to work this matter out in good faith; if they cannot do so, either party may seek appropriate relief. If the parties resolve this issue, they are to promptly notify Judge Platt so that he is not required to rule on that portion of the pending appeal. 3. I have advised the parties that with respect to the 132 documents on MetLife's privilege log which were inadvertently produced unredacted, I am reviewing those documents now and expect to rule on them in the short term. I provided my rulings with respect to each the 25 other documents previously selected and provided to me for an in camera inspection with regard to the privilege issues raised by Plaintiffs. Those rulings are incorporated in an Order which will be entered separately. 4. To review the progress of the final stage of discovery, I have set a status conference for June 28 at noted above. SEE ATTACHED ORDER FOR ADDITIONAL RULINGS AND INFORMATION. Ordered by Judge A. Kathleen Tomlinson on 5/21/07. (Tomlinson, A.) (Entered: 05/21/2007)

05/21/2007 288 SIXTH AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES: All fact discovery to be completed by June 18, 2007; Telephone Status Conference is set for June 28, 2007 at 11:30 a.m.; Deadline for Exchange of Initial Expert Reports is July 31, 2007; Deadline for Rebuttal Expert Reports, if any, is August 21, 2007; Deadline for Expert Depositions is September 21, 2007; Service of moving partys summary judgment motion papers by September 7, 2007; Opposition papers served by October 8, 2007; Reply papers, if any, served and Judge Platt's Chambers contacted to schedule oral argument by October 22, 2007; Joint pretrial order due by November 1, 2007; Pretrial Conference is set for November 19, 2007 at 11 a.m. The parties are reminded that noT less than two business days before the pretrial conference, each party must submit by mail or fax (not by ECF) a one-page, ex parte statement of its settlement position. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 5/21/07. (Tomlinson, A.) (Entered: 05/21/2007)

05/22/2007 289 ORDER re 278 Letter filed by Metlife, Inc. enclosing documents designated by Plaintiffs for in camera review. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 5/22/07. (Jacobwitz, Beth) (Entered: 05/22/2007)

05/22/2007 290 Letter to Judge Platt on behalf of all plaintiffs withdrawing request for order regarding written report by Michael A. Giannattasio, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III (Crow, John) (Entered: 05/22/2007)

05/30/2007 ORDER. Having reviewed the unredacted version of document MLSEC257091-MLSEC257092, which was provided to me for in camera review, I find that the document was properly redacted. Ordered by Judge A. Kathleen Tomlinson on 5/30/07. (Jacobwitz, Beth) (Entered: 05/30/2007)

06/06/2007 291 MOTION to Expedite ecf filing of defendants motion to strike and requesting joint consideration of motion with plaintiffs' pending discovery objections by all plaintiffs. (Crow, John) (Entered: 06/06/2007)

06/12/2007 292 ORDER granting 291 Motion to Expedite. Ordered by JudgeThomas C. Platt on 6/12/2007. (McMorrow, Karen) (Entered: 06/12/2007)

06/13/2007 293 MOTION to Strike 285 Appeal of Magistrate Judge Decision to District Court, / Notice of Motion to Strike Parts of Plaintiffs' Reply in Support of Plaintiffs' Objections to the Magistrate Judge's Order by all defendants. (Attachments: # 1 Memorandum of Law in Support of Motion to Strike# 2 Plaintiffs' Opposition to Motion to Strike# 3 Exhibit 1 to Plaintiffs' Opposition# 4 Reply in Support of Motion to Strike) (Micarelli, Carl) (Entered: 06/13/2007)

06/14/2007 NOTICE of Hearing on Motion Motion Argument set for 7/20/2007 at 10:30 AM before Senior-Judge Thomas C. Platt. (As per voicemail left by Carl Micarelli on 6/13/07) (McMorrow, Karen) (Entered: 06/14/2007)

06/18/2007 294 MEMORANDUM and ORDER as to 272 Appeal of Magistrate Judge Decision to District Court, filed by Harry S. Purnell, III, Michael A. Giannattasio, Mary A. Devito, Darren F. Murray, Kevin L. Hyms, 285 Appeal of Magistrate Judge Decision to District Court, filed by Harry S. Purnell, III, Michael A. Giannattasio, Mary A. Devito, Kevin L. Hyms. In sum, plaintiffs may seek from MetLife documents relevant to plaintiffs' allegation that MetLife misstated or omitted from the public disclosures information that its senior executives and board considered in

approving the demutualization. (See order for full decision). Ordered by Judge Thomas C. Platt on 6/18/2007. (McMorrow, Karen) (Entered: 06/18/2007)

06/18/2007 Motions terminated: 293 MOTION to Strike 285 Appeal of Magistrate Judge Decision to District Court, / Notice of Motion to Strike Parts of Plaintiffs' Reply in Support of Plaintiffs' Objections to the Magistrate Judge's Order filed by Metropolitan Life Insurance Co., Metlife, Inc..(As per footnote 2 in this Court's 6/18/07 order, Oral argument is cancelled). Ordered by Judge Thomas C. Platt on 6/18/2007. (McMorrow, Karen) (Entered: 06/18/2007)

06/18/2007 295 Letter to Magistrate Judge Tomlinson by all plaintiffs re adjournment of Scoville deposition in light of privilege decision by Michael A. Giannattasio, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Crow, John) (Entered: 06/18/2007)

06/19/2007 SCHEDULING ORDER: In light of Judge Platt's recent decision, I am adjourning the June 28, 2007 telephone conference to July 23, 2007 at 3:00 p.m. and converting it to an in person conference. The parties should be prepared to discuss any remaining discovery as well as their position with respect to the possibility of settlement. Ordered by Judge A. Kathleen Tomlinson on 6/19/07. (Jacobwitz, Beth) (Entered: 06/19/2007)

06/28/2007 296 ORDER. In light of Judge Platt's June 18, 2007 decision with respect to the applicability of attorney client privilege in the context of this lawsuit, Plaintiff's May 3, 2007 motion filed under seal [DE 282] seeking an order rejecting MetLife's claim of privilege as to 120 documents provided to the Court for in camera review would appear to be moot at this juncture. If either party maintains that this motion is not moot, a letter so stating is to be filed on ECF no later than July 6, 2007. Ordered by Judge A. Kathleen Tomlinson on 6/28/07. (Jacobwitz, Beth) (Entered: 06/28/2007)

06/28/2007 297 Unsigned Order to Show Cause for information for class notice by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Affidavit Stamell Affirmation# 2 Exhibit Exhibit 1-MetLife 4/6/07 Letter# 3 Exhibit Exhibit 2 - Plaintiffs' 4/25/07 Letter# 4 Exhibit Exhibit 3 - Burke Declaration# 5 Exhibit Exhibit 4 - Plaintiffs 5/31/07 Letter# 6 Exhibit Exhibit 5 - MetLife 6/8/07 Letter) (Crow, John) (Entered: 06/28/2007)

06/28/2007 Motions terminated: 282 Letter MOTION to Produce (rejected as moot by order dated 6/28/07) (Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/28/07) (Montero, Edher) (Entered: 11/18/2008)

07/02/2007 299 ORDER TO SHOW CAUSE: Ordered that Gilardi may only use the information Metlife and Mellon provide for the purpose of giving court-ordered notice to class members and the information shall not be disclosed, except on a confidential basis, to Gilardi employees and subcontractors. (see order for further details).Show Cause Hearing set for 7/13/2007 10:00 AM before Senior-Judge Thomas C. Platt. Ordered by Judge Thomas C. Platt on 7/2/07. (Duong, Susan) (Entered: 07/05/2007)

07/03/2007 298 Letter MOTION for Extension of Time to File Response/Reply / Letter to Judge Platt requesting adjournment of order to show cause by all parties. (Micarelli, Carl) (Entered: 07/03/2007)

07/06/2007 ELECTRONIC ORDER granting 298 Motion for Extension of Time to File Response/Reply Responses due by 7/12/2007,Replies and all papers to be filed due by 7/13/2007. Oral argument set for July 20, 2007 at 11:00 a.m.. Ordered by JudgeThomas C. Platt on 7/6/2007. (McMorrow, Karen) (Entered: 07/06/2007)

07/06/2007 300 Letter from Eric D. Meyer of Debevoise & Plimpton LLP to Magistrate Judge Tomlinson in response to the court's order of June 28, 2007 (DE 296) re Mootness of Plaintiffs' May 3, 2007 Motion Filed Under Seal (DE 282), with exhibits by Metropolitan Life Insurance Co., Metlife, Inc. (Meyer, Eric) (Entered: 07/06/2007)

07/10/2007 301 Letter to Magistrate Judge Tomlinson from plaintiffs in response to MetLife's letter re Court's order of June 28 by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Crow, John) (Entered: 07/10/2007)

07/11/2007 302 Letter MOTION submitted on behalf of all parties and nonparty Mellon Investor Services LLC for an adjournment of the argument of the pending O/S/C as well as requesting an extension of time to submit responsive and reply papers re said O/S/C by Metropolitan Life Insurance Co., Metlife, Inc. (Alberts, Jeffrey) (Entered: 07/11/2007)

07/11/2007 ORDER re Plaintiff's May 3, 2007 motion filed under seal [DE 282] seeking an order rejecting MetLife's claim of privilege as to 120 documents provided to the Court for in camera review. I have reviewed [DE 301] Letter filed by Plaintiffs and [DE 300] Letter filed by Defendants regarding the effect of Judge Platt's June 18, 2007 Order on the pending motion. I am deferring ruling on the motion pending the resolution of Defendants' Petition for a Writ of Mandamus. The parties are directed to contact the Court within one week from the Second Circuit's decision with respect to the mandamus petition setting forth their respective positions with respect to the motion. Ordered by Judge A. Kathleen Tomlinson on 7/11/07. (Jacobwitz, Beth) (Entered: 07/11/2007)

07/12/2007 303 Record of appeal sent to Court of Appeals to the attention of Vincenza Mathias; (pending notice of appeal not available to link to.) Original plus 3 copies of index, designation and certified copy of docket sheet sent with original documents. (Serret, Liliana) (Entered: 07/12/2007)

07/12/2007 304 ORDER joint request granted re 302 Letter, filed by Metropolitan Life Insurance Co., Metlife, Inc. Show Cause Response due by 7/23/2007; Reply and all papers to be filed on 7/24/07; oral argument on order to show cause set for 7/27/07 at 11:00 a.m... Ordered by Judge Thomas C. Platt on 7/12/2007. (McMorrow, Karen) (Entered: 07/12/2007)

07/19/2007 305 STATUS REPORT to Magistrate Judge Tomlinson by all parties for 7/23/07 conference by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Crow, John) (Entered: 07/19/2007)

07/19/2007 307 USCA Acknowledgment: original record and index received. USCA# 07-2840-op. (Duong, Susan) (Entered: 07/24/2007)

07/23/2007 306 Minute Entry for proceedings held before A. Kathleen Tomlinson : Status Conference held on 7/23/2007. THE FOLLOWING RULINGS WERE MADE: 1. I

have granted the parties' request to postpone the production of expert reports and any rebuttal reports by one week. Expert reports must now be exchanged on August 7, 2007 and rebuttal reports must be served by August 28, 2007. 2. After some discussion with the parties concerning the need to take any further action regarding Judge Platt's decision and production of the privileged documents at issue or any request for a stay, I have given the parties 30 days and directed them to speak with each other in an attempt to resolve their issues. Counsel for both sides are directed to contact my Chambers no later than August 24, 2007 if they have not been able to reach an agreement on how to proceed. 3. We spent considerable time with the parties today talking to them about the prospect of settling this case and I have made certain recommendations concerning a proposed meeting which the Defendants have under advisement. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 7/23/07. (Tomlinson, A.) (Entered: 07/23/2007)

07/24/2007 308 STIPULATION re 299 Order to Show Cause, Letter MOTION requesting stipulation and order be entered and Order to Show Cause [DE #299] be discharged by Michael A. Giannattasio, Darren F. Murray, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Stipulation and Order signed by parties) (Crow, John) (Entered: 07/24/2007)

07/26/2007 309 ORDER Re: 308 Request to ask that the Court sign the attached stipulation and order regarding information for class notice and to discharge the Order to Show Cause entered July 2, 2007 [DE #299] - Plaintiff's motion brought by Order to Show Cause signed by the Court on July 2, 2007, is resolved by this Stipulation and Order. Upon execution by the parties below, plaintiffs will submit this Stipulation to the Court, requesting it to be "so ordered," and requesting the Court's Order to Show Cause of July 2, 2007 be discharged. (See order for further details). SO ORDERED. (Signed by Judge Thomas C. Platt on 7/26/07). (Coleman, Laurie) (Entered: 07/26/2007)

08/07/2007 SCHEDULING ORDER: Telephone Conference set for 8/10/2007 11:30 AM before Magistrate-Judge A. Kathleen Tomlinson. Counsel for Defendant shall initiate the call. Ordered by Judge A. Kathleen Tomlinson on 8/7/07. (Jacobwitz, Beth) (Entered: 08/07/2007)

08/07/2007 SCHEDULING ORDER: At the request of the parties, the telephone conference scheduled for August 10, 2007 is rescheduled to August 8, 2007 at 11:00 a.m. Ordered by Judge A. Kathleen Tomlinson on 8/7/07. (Jacobwitz, Beth) (Entered: 08/07/2007)

08/08/2007 310 Minute Entry for proceedings held before A. Kathleen Tomlinson : Telephone Status Conference held on 8/8/2007. Following up on our discussions at the last conference on July 23, 2007, Defendant's counsel reports back that Defendant is willing to participate in the type of meeting previously discussed, but wishes to do so with a company representative who reports to the CFO. The parties are confirming the date and location of such meeting. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 8/8/07. (Tomlinson, A.) (Entered: 08/08/2007)

08/24/2007 311 Letter to Judge Tomlinson from plaintiffs on behalf of all parties re privilege ruling and motion for stay, per 7/23/07 minute order by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III,

Kathy Vanderveur (Crow, John) (Entered: 08/24/2007)

09/07/2007 312 Letter MOTION for Extension of Time to File summary judgment briefs and pretrial order by Metropolitan Life Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered: 09/07/2007)

09/11/2007 ELECTRONIC ORDER granting 312 Motion for Extension of Time. The Court will hold in abeyance the dates for filing dispositive motions, filing the Pretrial Order and the Pretrial Conference set forth in the Sixth Amended Case Management and Scheduling Order. Telephone Status Conferences shall be held on October 29, 2007 at 2:00 p.m.; November 20, 2007 at 10:00 a.m.; and December 20, 2007 at 11:30 a.m. Counsel for Plaintiffs' shall initiate the call. During such conferences, the parties shall be expected to update the Court on the pending mandamus petition, progress made toward the completion of expert discovery, any steps taken toward the completion of fact discovery and any settlement discussions. The Pretrial Conference scheduled for November 19, 2007 is adjourned. Ordered by Judge A. Kathleen Tomlinson on 9/11/07. (Jacobwitz, Beth) Modified on 9/11/2007 (Montero, Edher). (Entered: 09/11/2007)

09/11/2007 313 Letter by Plaintiffs to Magistrate Judge Tomlinson in response to defendants' 9-07-07 letter by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Crow, John) (Entered: 09/11/2007)

10/25/2007 314 TRANSCRIPT of Status Conference held on July 23, 2007 before Judge A. Kathleen Tomlinson. Court Reporter: Writer's Cramp, Inc. (732) 329-0191. Original document filed in hard copy only. (Brienza, Lauren) (Entered: 10/26/2007)

10/29/2007 315 Minute Entry for proceedings held before A. Kathleen Tomlinson : Telephone Status Conference held on 10/29/2007. THE FOLLOWING RULINGS WERE MADE: 1. The parties advise that they are awaiting a date for oral argument on the mandamus petition in the Second Circuit. 2. Defendants' motion for a stay has been served and Plaintiffs have filed their opposition. The reply is due on October 31. The parties will then be contacting Judge Platt's Chambers to schedule oral argument. SEE ATTACHED ORDER FOR ADDITIONAL INFORMATION. Ordered by Judge A. Kathleen Tomlinson on 10/29/07. (Tomlinson, A.) (Entered: 10/29/2007)

11/05/2007 316 MOTION to Stay this Court's June 18, 2007 Order Pending Resolution of Defendants' Petition for Mandamus by Metropolitan Life Insurance Co., Metlife, Inc.. (Attachments: # 1 Memorandum of Law in Support of Motion to Stay# 2 Declaration of Carl Micarelli in Support of Motion to Stay# 3 Exhibit 1 to Micarelli Declaration# 4 Exhibit 2 to Micarelli Declaration# 5 Exhibit 3 to Micarelli Declaration# 6 Exhibit 4 to Micarelli Declaration# 7 Exhibit 5 to Micarelli Declaration# 8 Exhibit 6 to Micarelli Declaration# 9 Exhibit 7 to Micarelli Declaration# 10 Certificate of Service re Stay Motion# 11 Plaintiffs' Opposition to Stay Motion# 12 Reply in Further Support of Stay Motion# 13 Certificate of Service re Stay Motion Reply) (Micarelli, Carl) (Entered: 11/05/2007)

11/09/2007 317 NOTICE by Metropolitan Life Insurance Co. re 316 MOTION to Stay this Court's June 18, 2007 Order Pending Resolution of Defendants' Petition for Mandamus NOTICE OF SUPPLEMENTAL FILING (re the inadvertent omission of Plaintiffs'

Exhibit 1 to its Oppostion to Defendants' Motion to Stay). (Attachments: # 1 Exhibit 1 to Plaintiffs' Opposition to Defendants' Motion to Stay filed on 11/5/07) (Micarelli, Carl) (Entered: 11/09/2007)

11/16/2007 318 STATUS REPORT to Magistrate Judge Tomlinson by all parties for 11/20/07 conference by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Exhibit Exhibit 1 - Defendants 8/16/07 Proposed Schedule and Email, # 2 Exhibit Exhibit 2 - Defendants 11-15-07 proposed schedule, # 3 Exhibit Exhibit 3 - 9/7/07 Letter Motion) (Crow, John) (Entered: 11/16/2007)

11/20/2007 319 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Status Conference held on 11/20/2007. My discussion with the parties is summarized in the attached Order. Ordered by Judge A. Kathleen Tomlinson on 11/20/07. (Tomlinson, A.) (Entered: 11/20/2007)

11/20/2007 320 ORDER re 318 Dispositive Motion Practice is held in abeyance; expert discovery to be concluded by December 31, 2007. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/20/07. (Tomlinson, A.) (Entered: 11/20/2007)

11/26/2007 322 MEMORANDUM AND ORDER denying 316 Motion to Stay - The Defendant's motion for stays pending appeal should be DENIED and for reversal of this Court's order sustaining Plaintiff's objection to the magistrate order should also be DENIED. Ordered by Judge Sandra J. Feuerstein on 11/26/07. (Brienza, Lauren) (Entered: 12/03/2007)

11/26/2007 323 MEMORANDUM AND ORDER DENYING Dft's (1) Motion for stays pending appeal and (2) for reversal of this Court's order sustaining Plf's objection to the magistrate order.. Ordered by Senior Judge Thomas C. Platt on 11/26/07. (Barhome, Sydelle) (Entered: 12/05/2007)

11/30/2007 321 Letter MOTION for Extension of Time to File Objections to November 20 Scheduling Order by Michael A. Giannattasio, Darren F. Murray, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered: 11/30/2007)

12/12/2007 324 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur re 320 Order (Attachments: # 1 Exhibit Plaintiffs' 12/07/07 letter re discovery, # 2 Exhibit 2 - Debevoise 12/11/07 letter re production of documents, # 3 Exhibit 3 - Plaintiffs' 10/15/07 email to MetLife re extension of stay reply) (Crow, John) (Entered: 12/12/2007)

12/13/2007 325 USCA MANDATE: It is hereby ORDERED that the mandamus petition is DENIED because Petitioner has not demonstrated that exceptional circumstances warrant the requested relief. Copy of mandate sent to Chambers. USCA# 07-2840-op. (Duong, Susan) (Entered: 12/13/2007)

12/14/2007 326 Unsigned Order to Show Cause by all Plaintiffs for Ordert to Show Cause for Information on Defendants' Closed Block Transaction by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Memorandum in Support of Order to

Show Cause, # 2 Affidavit Stamell Affirmation in Support of Order to Show Cause, # 3 Exhibit 1 - MetLife 12/05/07 8-K filing, # 4 Exhibit 2 - MetLife 12/03/07 Investor Day slides, # 5 Errata 3 - Associated Press 12/05/07 article re closed block securitization, # 6 Exhibit 4 - MetLife 11/19/07 Press Release re investor day conference, # 7 Exhibit 5 - Plaintiffs' 12/07/07 letter to MetLife re closed block transaction, # 8 Exhibit 6 - Debevoise 12/10/07 letter to plaintiffs re offering circular, # 9 Exhibit 7 - Plaintiffs' 12/10/07 letter to MetLife re investor day slides, # 10 Exhibit 8 - MetLife 12/12/07 8-K re closing of trust interest offering) (Crow, John) (Entered: 12/14/2007)

12/14/2007 ELECTRONIC ORDER REFERRING CASE: Due to my absence, the Order to Show Cause filed December 14, 2007 is referred to Magistrate Judge A. Kathleen Tomlinson.. Approved via telephone by Senior Judge Thomas C. Platt on 12/14/2007. (McMorrow, Karen) (Entered: 12/20/2007)

12/20/2007 327 ORDER TO SHOW CAUSE Show Cause Response due by 12/28/2007. Show Cause Hearing set for 1/3/2008 at 3:30 PM before Mag/Judge A. Kathleen Tomlinson. (Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/20/07) (Montero, Edher) (Entered: 12/20/2007)

12/20/2007 328 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Status Conference re: OTSC held on 12/20/2007. SCHEDULING: Oral argument on Plaintiffs' Order to Show Cause will be held on January 3, 2008 at 3:30 p.m. in Courtroom 910. THE FOLLOWING RULINGS WERE MADE: This matter has been referred to me by District Judge Platt. After discussion with the parties, I have scheduled the return date of the Order to Show Cause for January 3, 2008. Defendants' opposition papers must be filed on ECF no later than 10 a.m. on December 28, 2007. SEE ATTACHED ORDER FOR ADDITIONAL INFORMATION. Ordered by Judge A. Kathleen Tomlinson on 12/20/07. (Tomlinson, A.) (Entered: 12/20/2007)

12/21/2007 329 Letter to Judge Platt from all plaintiffs withdrawing from their objections (Dkt. 324) the request for an order regarding production of documents by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Crow, John) (Entered: 12/21/2007)

12/28/2007 330 MEMORANDUM in Opposition re 327 Order to Show Cause, 326 Unsigned Order to Show Cause,,,, / Defendants' Memorandum of Law In Opposition to Plaintiffs' Motion by Order To Show Cause to Compel Production of Documents and Other Information by Metropolitan Life Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered: 12/28/2007)

12/28/2007 331 Letter MOTION for Extension of Time to File On Consent A Response To Plaintiffs' Objections (Doc. 324) To Magistrate Judge Tomlinson's Order Concerning Scheduling by Metropolitan Life Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered: 12/28/2007)

01/03/2008 332 Letter to Judge Tomlinson from plaintiffs confirming adjournment of hearing on order to show cause by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Crow, John) (Entered: 01/03/2008)

01/07/2008 333 ORDER TO SHOW CAUSE [DE 237]. Return date adjourned at request of the

parties. Counsel are directed to apprise the Court by February 15, 2008 of the status of the relief requested. SEE ATTACHED ORDER FOR ADDITIONAL INFORMATION. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/3/08. (Tomlinson, A.) (Entered: 01/07/2008)

01/07/2008 334 MOTION for Extension of Time to File and Adjourn Without Date Objections Pending Before Judge Platt (Dkt. #324), with Consent of All Parties by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered: 01/07/2008)

01/07/2008 335 Letter MOTION to Amend/Correct /Letter Motion to Magistrate Judge Tomlinson for Approval of Parties' Agreed Schedule for Remaining Deadlines by Metropolitan Life Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered: 01/07/2008)

01/08/2008 336 ENDORSED ORDER granting 335 Motion to Amend/Correct (eod #335) Amended Schedule approved. Motion granted. So Ordered (Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/8/08). (Montero, Edher) Modified on 1/8/2008 (Montero, Edher). (Entered: 01/08/2008)

01/09/2008 338 ORDER granting 334 Motion for Extension of Time to File. Request granted. Ordered by Senior Judge Thomas C. Platt on 1/9/08. (Brienza, Lauren) (Entered: 01/17/2008)

01/10/2008 337 Letter from plaintiffs to Judge Platt withdrawing plaintiffs' pending objections (Docket 324) to Magistrate's scheduling order by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Crow, John) (Entered: 01/10/2008)

02/14/2008 339 MOTION for Discovery Plaintiffs request to re-calendar motion for reinsurance documents and for order for Defendants to produce reinsurance documents by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Attachments: # 1 Exhibit A-Private Placement Memo (redacted), # 2 Exhibit B-Plfs 1/10/08 Letter, # 3 Exhibit C-MetLife 1/23/08 email, # 4 Exhibit D-Wilcox Harris Supp. Report, # 5 Exhibit E-S&P Rating Report) (Crow, John) (Entered: 02/14/2008)

02/20/2008 340 RESPONSE to Motion re 339 MOTION for Discovery Plaintiffs request to re-calendar motion for reinsurance documents and for order for Defendants to produce reinsurance documents / Letter from Carl Micarelli to Judge Tomlinson in response to Plaintiffs' 2/14/08 letter motion to compel production of documents filed by Metropolitan Life Insurance Co., Metlife, Inc.. (Attachments: # 1 Exhibit 1 - Excerpt from Harris Deposition Transcript, # 2 Exhibit 2 - Excerpt from Wilcox Deposition Transcript) (Micarelli, Carl) (Entered: 02/20/2008)

02/25/2008 341 Letter MOTION to Amend/Correct / Letter from Carl Micarelli to Magistrate Judge Tomlinson to amend schedule on consent by Metropolitan Life Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered: 02/25/2008)

02/27/2008 ELECTRONIC ORDER granting 341 Motion to Amend/Correct. The case management schedule shall be extended as proposed by the parties. The Pretrial Conference is scheduled for May 30, 2008 at 2:00 p.m. The agreement reached between the parties regarding future extensions shall not bind the Court to allow any further extensions absent a showing of good cause. Ordered by Magistrate

Judge A. Kathleen Tomlinson on 2/27/08. (Jacobwitz, Beth) (Entered: 02/27/2008)

03/28/2008 342 Letter MOTION to Amend/Correct /Letter Motion to Magistrate Judge Tomlinson on behalf of all parties seeking an extension on summary judgment motion briefing schedule by Metropolitan Life Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered: 03/28/2008)

04/01/2008 343 NOTICE by Paulette Beliunas of Change of Law Firm Name (Weprin, Barry) (Entered: 04/01/2008)

04/04/2008 ORDER granting 342 Motion to Amend/Correct. The case management schedule shall be extended as proposed by the parties with one exception. The Pretrial Conference scheduled for May 30, 2008 is adjourned to June 13, 2008 at 10:00 a.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/04/08. (Jacobwitz, Beth) (Entered: 04/04/2008)

04/24/2008 344 Letter MOTION to Amend/Correct Letter Motion to Magistrate Judge Tomlinson on behalf of all parties seeking an extension on summary judgment motion opposition and reply schedule by Michael A. Giannattasio, Darren F. Murray, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered: 04/24/2008)

04/28/2008 ORDER granting 344 Motion to Amend/Correct. The Case Management and Scheduling Order is hereby amended to incorporate the dates as set forth in the parties' April 24, 2008 motion. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/28/08. (Jacobwitz, Beth) (Entered: 04/28/2008)

05/08/2008 345 Letter MOTION to Amend/Correct Letter Motion to Magistrate Judge Tomlinson on behalf of all parties requesting an extension of summary judgment opposition and reply schedule by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered: 05/08/2008)

05/12/2008 ORDER granting 345 Motion to Amend/Correct. The Case Management and Scheduling Order is hereby amended to incorporate the dates as set forth in the parties' May 8, 2008 motion. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/12/08. (Jacobwitz, Beth) (Entered: 05/12/2008)

05/23/2008 346 Letter MOTION for Extension of Time to File / Letter to Magistrate Judge Tomlinson on behalf of all parties requesting extension of time to submit joint pretrial order by Metropolitan Life Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered: 05/23/2008)

05/28/2008 ORDER granting 346 Motion for Extension of Time to File Pretrial Order. The Pretrial Order shall be filed no later than July 3, 2008. The Pretrial Conference scheduled for June 13, 2008 is adjourned to July 11, 2008 at 2:00 p.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/28/08. (Jacobwitz, Beth) (Entered: 05/28/2008)

06/25/2008 347 Letter MOTION for Extension of Time to File Letter to Magistrate Judge Tomlinson on behalf of all parties requesting extension of time to submit joint pretrial order by Michael A. Giannattasio, Darren F. Murray, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered:

06/25/2008)

06/27/2008 ORDER granting 347 Motion for Extension of Time to File. The Pretrial Conference scheduled for July 11, 2008 is adjourned to August 6, 2008 at 10:00 a.m. The Joint Pretrial Order shall be filed by July 17, 2008. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/27/08. (Jacobwitz, Beth) (Entered: 06/27/2008)

07/02/2008 348 Unsigned Order to Show Cause for Approval of Plan for Class Notice by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Affidavit in Support Newman Affirmation, # 2 Exhibit 1 - MetLife 4-6-07 Letter, # 3 Exhibit 2 plfs 5-31-07 letter, # 4 Exhibit 3 metlife 6-8-07 letter, # 5 Exhibit 4 metlife 5-23-08 letter, # 6 Exhibit 5 metlife 4-2-08 letter, # 7 Exhibit 6 wright 2-25-05 affidavit, # 8 Exhibit 7 plfs letter to mellon re dividend files, # 9 Exhibit 8 mellon reply letter to plfs re dividend files, # 10 Exhibit 9 mellon 8-2008 cost estimate, # 11 Exhibit 10 mellon 2-14-00 share analysis, # 12 Exhibit 11 Proposed Order, # 13 Exhibit 11-A form of postcard notice, # 14 Exhibit 11-B form of publication notice, # 15 Exhibit 11-C form of long-form notice, # 16 Exhibit 11-D form of press release, # 17 Memorandum in Support plaintiffs memorandum of law, # 18 Affidavit Burke Declaration) (Crow, John) (Entered: 07/02/2008)

07/07/2008 349 ORDER TO SHOW CAUSE: Defendants shall show cause on 8/1/2008 at 11:00 AM before Senior Judge Thomas C. Platt why an order should not be issued granting the relief that is being sought. Service of this order shall be made on or before 7/8/08 by ECF and mail upon counsel for defendants and by personal service upon Mellon; and it is further ORDERED that any opposing papers shall be served so as to be received by 7/21/08; and it is further ORDERED that all papers in support of and in opposition to the Court's order shall be submitted to the Court on or before 7/25/08. Ordered by Senior Judge Thomas C. Platt on 7/7/08. (Brienza, Lauren) (Entered: 07/07/2008)

07/09/2008 350 Letter MOTION for Extension of Time to File Letter to Magistrate Judge Tomlinson on behalf of all parties requesting additional one-week extension of time to submit joint pretrial order by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered: 07/09/2008)

07/15/2008 ENDORSED ORDER granting 350 Motion for Extension of Time to File: Motion GRANTED. (So Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/15/08). (Montero, Edher) (Entered: 07/15/2008)

07/21/2008 351 MEMORANDUM in Opposition re 349 Order to Show Cause, Set Hearings,,,, /Defendants' Memorandum and Carl Micarelli's Declaration In Partial Opposition To Plaintiffs' Motion By Order To Show Cause For Approval Of Plan For Class Notice filed by Metropolitan Life Insurance Co., Metlife, Inc.. (Attachments: # 1 Affidavit in Opposition (Declaration), # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Micarelli, Carl) (Entered: 07/21/2008)

07/24/2008 352 Proposed Pretrial Order Submitted on Behalf of All Parties by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Exhibit 1 plaintiffs' statement of claims, # 2 Exhibit 2 defendants' statement of defenses, # 3 Exhibit 3

plaintiffs' witnesses, # 4 Exhibit 4 defendants' witnesses, # 5 Exhibit 5 plaintiffs' deposition designations, # 6 Exhibit 6 defendants' deposition designations, # 7 Exhibit 7 plaintiffs' trial exhibits, # 8 Exhibit 8 defendants' trial exhibits) (Crow, John) (Entered: 07/24/2008)

07/25/2008 353 REPLY in Support of Plaintiffs' Motion for Approval of Plan for Class Notice filed by all plaintiffs. (Attachments: # 1 Affidavit in Support Newman 7/25/08 Reply Affirmation, # 2 Exhibit A to Newman Reply Affirmation - Plfs 10/19/07 Letter to Mellon, # 3 Exhibit B to Newman Reply Affirmation - MetLife 3/18/05 Objection to Notice Plan in Rabouin v. MetLife, # 4 Affidavit Burke 7/25/08 Reply Declaration, # 5 Affidavit of Service Afffidavit of Service of Order to Show Cause upon Mellon Investor Services, # 6 Affidavit of Service Affidavit of Service of Order to Show Cause by Mail upon MetLife) (Crow, John) (Entered: 07/25/2008)

07/30/2008 354 Letter MOTION for Leave to File Defendants' Surreply Related To Docket Entries 349, 351 & 353 with attached Surreply Memorandum Of Law In Partial Opposition To Plaintiffs' Motion By Order To Show Cause For Approval Of Plan For Class Notice by Metropolitan Life Insurance Co., Metlife, Inc.. (Attachments: # 1 Memorandum in Opposition) (Micarelli, Carl) (Entered: 07/30/2008)

07/31/2008 355 STIPULATION re 349 Order to Show Cause, Set Hearings,,,, Letter Motion to Judge Platt, with consent of all parties, requesting stipulation and order be entered, modified proposed order approving notice plan be entered and order to show cause be discharged by Michael A. Giannattasio, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Signed Stipulation and Order, # 2 Proposed Order Modified Proposed Order Approving Class Notice Plan) (Crow, John) (Entered: 07/31/2008)

08/01/2008 356 NOTICE by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur re 355 Stipulation,, NOTICE OF SUPPLEMENTAL FILING, re inadvertently omitted Exhibits A through D (forms of notice) to Modified Proposed Order approving class notice (Attachments: # 1 Exhibit A to Modified Proposed Order - form of postcard notice, # 2 Exhibit B to Modified Proposed Order - form of publication notice, # 3 Exhibit C to Modified Proposed Order - form of long-form notice, # 4 Exhibit D to Modified Proposed Order - form of press release) (Crow, John) (Entered: 08/01/2008)

08/02/2008 358 MODIFIED ORDER APPROVING CLASS NOTICE PLAN. Having reviewed the plaintiff's motion by order to show cause for approval of the form and dissemination of Class notice, the responses of defts and Mellon, and plaintiffs reply, IT IS HEREBY ORDERED: SEE ATTACHED ORDER. Ordered by Senior Judge Thomas C. Platt on 8/2/2008. (Glueckert, Lisa) (Entered: 08/15/2008)

08/02/2008 359 ORDER re 355 Stipulation. SO ORDERED: Defs withdraw their partial opposition to plaintiffs' plan for Class notice brought by Order to Show Cause signed by the Court on July 7, 2008. Plaintiffs agree to modify the Proposed Order to provide individual notice to those Class members who are in force policyholders for whom Gilardi deems in its reasonable judgment contact information can practicably be obtained from the Primary Individual Life Administration Systems, in addition to all other recipients of individual notice that plaintiffs proposed in the plan. The parties agree to modify the Proposed Order to allow Gilardi to mail individual notice to institutional or any other additional Class members whose current names

and addresses may be determined from discovery in this action or any other source. The parties agree to modify Paragraph 5 of the Proposed Order to allow Mellon three (3) weeks to deliver the Dividend Mailing List. SEE ORDER FOR FURTHER DETAILS. The Court's Order to Show Cause 349 of July 7, 2008 is DISCHARGED. Ordered by Senior Judge Thomas C. Platt on 8/2/2008. (Glueckert, Lisa) (Entered: 08/15/2008)

08/05/2008 SCHEDULING ORDER: In light of the recent activity in this action, tomorrow's Pretrial Conference is converted to a telephone conference. Counsel for Plaintiffs shall initiate the call. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/5/08. (Jacobwitz, Beth) (Entered: 08/05/2008)

08/06/2008 357 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Status Conference held on 8/6/2008. SCHEDULING: The parties have been directed to appear in Courtroom 910 after their oral argument before Judge Platt which is now scheduled for September 19, 2008 at 10:30 a.m. THE FOLLOWING RULINGS WERE MADE: 1.I converted the scheduled Pre-Trial Conference into a telephone conference based upon recent activity in this case as well as the fact that the input I received from the parties as to possible resolution of this matter makes it clear that settlement is not possible at this time. 2.The proposed joint Pre-Trial Order as submitted will be held in abeyance until I speak with the parties again on September 19. SEE ATTACHED ORDER FOR ADDITIONAL INFORMATION. Ordered by Judge A. Kathleen Tomlinson on 8/6/08. (Tomlinson, A.) (Entered: 08/06/2008)

08/25/2008 360 MOTION for Partial Summary Judgment by Plaintiffs by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Attachments: # 1 Memorandum in Support of plaintiffs' motion for partial summary judgment, # 2 Rule 56.1 Statement in support of plaintiffs' motion for partial summary judgment, # 3 Affidavit of Stamell in support of plfs motion for partial summary judgment, # 4 Exhibit 1-A to Stamell Aff for partial summary judgment, # 5 Exhibit 1-B to Stamell Aff for partial summary judgment, # 6 Exhibit 1-C to Stamell Aff for partial summary judgment, # 7 Exhibit 1-D to Stamell Aff for partial summary jugment (part 1 of 2), # 8 Exhibit 1-D to Stamell Aff for partial summary judgment (part 2 of 2), # 9 Exhibit 1-E to Stamell Aff for partial summary judgment (part 1 of 4), # 10 Exhibit 1-E to Stamell Aff for partial summary judgment (part 2 of 4), # 11 Exhibit 1-E to Stamell Aff. for partial summary judgment (part 3 of 4), # 12 Exhibit 1-E of Stamell Aff for partial summary judgment (part 4 of 4), # 13 Exhibit 2 to Stamell Aff for partial summary judgment, # 14 Exhibit 3 to Stamell Aff for partial summary judgment, # 15 Exhibit 4 to Stamell Aff. for partial summary judgment, # 16 Exhibit 5 to Stamell Aff for partial summary judgment, # 17 Exhibit 6 to Stamell Aff. for partial summary judgment, # 18 Exhibit 7 to Stamell Aff for partial summary judgment, # 19 Exhibit 8 to Stamell Aff for partial summary judgment, # 20 Exhibit 9 to Stamell Aff. for partial summary judgment, # 21 Affidavit of Service by electronic mail) (Crow, John) (Entered: 08/25/2008)

08/25/2008 361 RESPONSE in Opposition re 360 MOTION for Partial Summary Judgment by Plaintiffs DEFENDANTS' MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT filed by all defendants. (Attachments: # 1 Rule 56.1 Statement Defendants' Response to Plfs

Rule 56.1 statement in oppostion to motion for partial summary judgment,, # 2 Affidavit Harwood Declaration in support of Defendants' opposition to plfs motion for partial summary judgment, # 3 Affidavit Micarelli Declaration in Support of Defendants' Opposition to plfs motion for partial summary judgment, # 4 Exhibit 62 to Micarelli Declaration in Opposition, # 5 Exhibit 63 to Micarelli Declaration in Opposition, # 6 Exhibit 64 to Micarelli Declaration in Opposition, # 7 Exhibit 65 to Micarelli Declaration in Opposition, # 8 Exhibit 66 to Micarelli Declaration in Opposition, # 9 Exhibit 67 to Micarelli Declaration in Opposition, # 10 Exhibit 68 to Micarelli Declaration in Opposition, # 11 Exhibit 69 to Micarelli Declaration in Opposition, # 12 Exhibit 70 to Micarelli Declaration in Opposition, # 13 Exhibit 71 to Micarelli Declaration in Opposition, # 14 Exhibit 72 to Micarelli Declaration in Opposition, # 15 Exhibit 73 to Micarelli Declaration in Opposition, # 16 Exhibit 74 to Micarelli Declaration in Opposition, # 17 Exhibit 75 to Micarelli Declaration in Opposition, # 18 Exhibit 76 to Micarelli Declaration in Opposition, # 19 Exhibit 77 to Micarelli Declaration in Opposition, # 20 Exhibit 78 to Micarelli Declaration in Opposition, # 21 Exhibit 79 to Micarelli Declaration in Opposition) (Crow, John) (Entered: 08/25/2008)

08/25/2008 362 REPLY to Response to Motion re 360 MOTION for Partial Summary Judgment by Plaintiffs PLAINTIFFS' REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT filed by all plaintiffs. (Attachments: # 1 Rule 56.1 Statement Plaintiffs' Reply 56.1 Statement in further support of motion for partial summary judgment, # 2 Affidavit Stamell Reply Affirmation in further support of plaintiffs' motion for partial summary judgment, # 3 Exhibit 10 to Stamell Reply Affirmation, # 4 Exhibit 11 to Stamell Reply Affirmation, # 5 Exhibit 12 to Stamell Reply Affirmation, # 6 Exhibit 13 to Stamell Reply Affirmation, # 7 Certificate of Service Affidavit of Service of Reply by electronic mail) (Crow, John) (Entered: 08/25/2008)

08/25/2008 363 Fully Briefed MOTION for Summary Judgment by Metropolitan Life Insurance Co., Metlife, Inc.. (Attachments: # 1 Memorandum in Support, # 2 Rule 56.1 Statement, # 3 Affidavit in Support By Carl Micarelli (Declaration), # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30, # 34 Exhibit 31, # 35 Exhibit 32, # 36 Exhibit 33, # 37 Exhibit 34, # 38 Exhibit 35, # 39 Exhibit 36, # 40 Exhibit 37, # 41 Exhibit 38, # 42 Exhibit 39, # 43 Exhibit 40, # 44 Exhibit 41, # 45 Exhibit 42, # 46 Exhibit 43, # 47 Exhibit 44, # 48 Exhibit 45, # 49 Exhibit 46, # 50 Exhibit 47, # 51 Exhibit 48, # 52 Exhibit 49, # 53 Exhibit 50, # 54 Exhibit 51, # 55 Exhibit 52, # 56 Exhibit 53, # 57 Exhibit 54, # 58 Exhibit 55, # 59 Exhibit 56, # 60 Exhibit 57, # 61 Exhibit 58, # 62 Exhibit 59, # 63 Exhibit 60, # 64 Exhibit 61, # 65 Affidavit /Declaration of Michael Harwood, # 66 Affidavit in Support By Michael J. Hynes (Declaration), # 67 Rule 56.1 Statement (Plaintiffs' Response To Defendants' Statement of Undisputed Facts), # 68 Memorandum in Opposition to Defendants' Motion for Summary Judgment, # 69 Affidavit /Declarations By Robert E. Wilcox and Carl M. Harris, # 70 Affidavit in Opposition By Jared B. Stamell, Esq. (Affirmation), # 71 Exhibit 1, # 72 Exhibit 2, # 73 Exhibit 3, # 74 Exhibit 4, # 75 Exhibit 5, # 76 Exhibit 6, # 77 Exhibit 7, # 78 Exhibit 8, # 79 Exhibit 9, # 80

Exhibit 10, # 81 Exhibit 11, # 82 Exhibit 12, # 83 Exhibit 13, # 84 Exhibit 14, # 85 Exhibit 15, # 86 Exhibit 16, # 87 Exhibit 17, # 88 Exhibit 18, # 89 Exhibit 19, # 90 Exhibit 20, # 91 Exhibit 21, # 92 Exhibit 22, # 93 Exhibit 23, # 94 Exhibit 24, # 95 Exhibit 25 (Part 1 of 2), # 96 Exhibit 25 (Part 2 of 2), # 97 Exhibit 26, # 98 Exhibit 27, # 99 Exhibit 28, # 100 Exhibit 29, # 101 Exhibit 30, # 102 Exhibit 31, # 103 Exhibit 32, # 104 Exhibit 33, # 105 Exhibit 34, # 106 Exhibit 35, # 107 Exhibit 36, # 108 Exhibit 37, # 109 Exhibit 38, # 110 Exhibit 39, # 111 Exhibit 40, # 112 Exhibit 41, # 113 Exhibit 42, # 114 Exhibit 43, # 115 Exhibit 44, # 116 Exhibit 45, # 117 Exhibit 46, # 118 Exhibit 47, # 119 Exhibit 48, # 120 Exhibit 49, # 121 Exhibit 50, # 122 Exhibit 51, # 123 Exhibit 52, # 124 Exhibit 53, # 125 Exhibit 54, # 126 Memorandum in Support of Summary Judgment By Defendants (Reply), # 127 Rule 56.1 Statement By Defendants in Reply To Plaintiffs' Response, # 128 Affidavit in Support of Carl Micarelli in Further Support of Motion for Summary Judgment (Reply Declaration), # 129 Exhibit 80, # 130 Exhibit 81, # 131 Exhibit 82, # 132 Exhibit 83, # 133 Exhibit 84, # 134 Exhibit 85, # 135 Exhibit 86, # 136 Exhibit 87, # 137 Exhibit 88, # 138 Exhibit 89, # 139 Exhibit 90, # 140 Exhibit 91, # 141 Exhibit 92, # 142 Exhibit 93, # 143 Exhibit 94, # 144 Certificate of Service) (Micarelli, Carl) (Entered: 08/25/2008)

09/18/2008 364 ORDER denying 339 Motion for Discovery. Plaintiffs' motion to compel is denied for the reasons set forth in the attached order and discovery is closed. This case shall be certified to Judge Platt as ready for trial. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/18/08. (Jacobwitz, Beth) (Entered: 09/18/2008)

09/19/2008 ORDER terminating 321 Motion for Extension of Time to File; terminating 331 Motion for Extension of Time to File (The parties settled their differences and submitted a joint discovery schedule.) (McMorrow, Karen) (Entered: 09/19/2008)

09/19/2008 Minute Entry for proceedings held before Senior Judge Thomas C. Platt:Motion Hearing held on 9/19/2008 re 360 MOTION for Partial Summary Judgment by Plaintiffs filed by Harry S. Purnell, III, Kathy Vanderveur, Michael A. Giannattasio, Mary A. Devito, Darren F. Murray, Martin Gold, Kevin L. Hyms, 363 Fully Briefed MOTION for Summary Judgment filed by Metropolitan Life Insurance Co., Metlife, Inc. Counsel for all sides present. Motions argued. DECISION RESERVED. (Court Reporter Mary Ann Steiger.) (McMorrow, Karen) (Entered: 09/22/2008)

09/22/2008 365 NOTICE by Metropolitan Life Insurance Co., Metlife, Inc. re 360 MOTION for Partial Summary Judgment by Plaintiffs, 363 Fully Briefed MOTION for Summary Judgment / Notice of Submission of Defendants' Demostrative Exhibits for Summary Judgment Oral Argument (Attachments: # 1 Exhibit A) (Micarelli, Carl) (Entered: 09/22/2008)

09/23/2008 366 NOTICE by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur re 360 MOTION for Partial Summary Judgment by Plaintiffs, 363 Fully Briefed MOTION for Summary Judgment Notice of Filing of Plaintiffs' Demonstrative Exhibit for Oral Argument on Summary Judgment (Attachments: # 1 Exhibit 1 - 8/18/99 memo re fixed component for right to vote) (Crow, John) (Entered: 09/23/2008)

10/15/2008 367 Letter re Dividends Metropolitant Paid to MetLife, Inc. by Harry S. Purnell, III

(Attachments: # 1 Exhibit Exh 1, # 2 Exhibit Exh 2, # 3 Exhibit Exh 3, # 4 Exhibit Exh 4, # 5 Exhibit Exh 5, # 6 Exhibit Exh 6, # 7 Exhibit Exh 7, # 8 Exhibit Exh 8) (Crow, John) (Entered: 10/15/2008)

10/20/2008 368 Letter from Bruce E. Yannett (Debevoise & Plimpton LLP) to Judge Platt in response to Plaintiffs' 10/15/08 letter about stockholder dividends paid to the holding company by Metropolitan Life Insurance Co., Metlife, Inc. (Yannett, Bruce) (Entered: 10/20/2008)

10/24/2008 369 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 09-19-08, before Judge Hon. A. Kathleen Tomlinson Mag. Judge.(DISCOVERY CONF. HELD BEFORE (AKT). Court Reporter/Transcriber Shari Riemer of TypeWrite Word Processing Service, Telephone number Shari Riemer @ TypeWrite Word Processing Sevice @211 N. Milton Road Saratoga Springs, New York. 12866 Phone# 518 581-8973 or (718) 966-1401; Fax# 718 967-48423.. Tape Number: FTR/DRIVE:Time: 2:57-3:03. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/14/2008. Redacted Transcript Deadline set for 11/24/2008. Release of Transcript Restriction set for 1/22/2009. Keith Angelo Jones (Jones, Keith) (Entered: 10/24/2008)

10/27/2008 370 Letter in response to MetLife's relevance objection by Harry S. Purnell, III (Stamell, Jared) (Entered: 10/27/2008)

11/14/2008 371 Letter MOTION for Extension of Time to File Letter to Magistrate Judge Tomlinson on behalf of all parties for extension of time to file stipulations of fact by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered: 11/14/2008)

11/17/2008 ORDER granting 371 Motion for Extension of Time to File Stipulation of Facts. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/17/08. (Jacobwitz, Beth) (Entered: 11/17/2008)

12/16/2008 372 Letter MOTION for Extension of Time to File Letter to Magistrate Judge Tomlinson on behalf of all parties for additional extension of time to file stipulations of fact by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered: 12/16/2008)

12/18/2008 ORDER granting 372 Motion for Extension of Time to File. The time for the parties to file Stipulation of Facts extended to January 15, 2009. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/18/08. (Jacobwitz, Beth) (Entered: 12/18/2008)

01/14/2009 373 Letter MOTION for Extension of Time to File / Letter from Carl Micarelli (Debevoise & Plimpton LLP) to Magistrate Judge Tomlinson on behalf of all parties for extension of time to January 22, 2009 to submit stipulations of fact by Metropolitan Life Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered: 01/14/2009)

01/15/2009 ORDER granting 373 Motion for Extension of Time to File Stipulation Of Fact.

Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/15/2009. (Jacobwitz, Beth) (Entered: 01/15/2009)

01/22/2009 374 Proposed Pretrial Order Submitted on Behalf of All Parties by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Exhibit 1 - plaintiffs' statement of claims, # 2 Exhibit 2 - defendants' statement of defenses, # 3 Exhibit 3 - plaintiffs' witnesses, # 4 Exhibit 4 - defendants' witnesses, # 5 Exhibit 5 - plaintiffs' deposition designations, # 6 Exhibit 6 - defendants' deposition designations, # 7 Exhibit 7 - plaintiffs' trial exhibits, # 8 Exhibit 8 - defendants' trial exhibits, # 9 Exhibit 9 - stipulation of agreed facts, # 10 Exhibit Joint Exhibit 1 to stipulation of agreed facts, # 11 Exhibit Joint Exhibit 2 to stipulation of agreed facts, # 12 Exhibit Joint Exhibit 3 to stipulation of agreed facts) (Stamell, Jared) (Entered: 01/22/2009)

02/27/2009 375 Letter MOTION for Discovery Plaintiffs' Letter Motion to Judge Tomlinson for Order that MetLife Answer Questions Regarding New Documents by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Harry S. Purnell, III, Kathy Vanderveur. (Attachments: # 1 Exhibit 1 cover pages from new documents, # 2 Exhibit 2 debevoise 1-19-09 cover letter, # 3 Exhibit 3 plaintiffs' 1-21-09 questions, # 4 Exhibit 4 debevoise 1-21-09 email reply, # 5 Exhibit 5 plaintiffs' 1-27-09 additional questions, # 6 Exhibit 6 debevoise 2-12-09 letter reply) (Stamell, Jared) (Entered: 02/27/2009)

03/04/2009 376 RESPONSE in Opposition re 375 Letter MOTION for Discovery Plaintiffs' Letter Motion to Judge Tomlinson for Order that MetLife Answer Questions Regarding New Documents / Letter from Carl Micarelli (Debevoise & Plimpton) to Magistrate Judge Tomlinson in response to Plaintiffs' 2/27/09 letter motion filed by Metropolitan Life Insurance Co., Metlife, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K) (Micarelli, Carl) (Entered: 03/04/2009)

03/30/2009 377 ORDER denying 360 Motion for Partial Summary Judgment; denying 363 Motion for Summary Judgment. SO ORDERED that Plaintiffs and Deft's motions for summary judgment are hereby DENIED. Opinion will be filed subsequently. Ordered by Senior Judge Thomas C. Platt on 3/30/2009. (Glueckert, Lisa) (Entered: 03/31/2009)

03/31/2009 ORDER terminating 354 Motion for Leave to File (related motion filed,argued and decision forthcoming). Ordered by Senior Judge Thomas C. Platt on 3/31/2009. (McMorrow, Karen) (Entered: 03/31/2009)

04/02/2009 378 Letter MOTION for Extension of Time to File / Letter from Eric D. Meyer (Debevoise & Plimpton LLP) to Judge Platt requesting on behalf of all parties an extension of time to file any motion to reconsider or amend the Court's 3/30/09 Order by Metropolitan Life Insurance Co., Metlife, Inc.. (Meyer, Eric) (Entered: 04/02/2009)

04/09/2009 Original Record Returned: this form emailed to Fred Nunnery c/o Court of Appeals. USCA# 07-2840-op. (Duong, Susan) (Entered: 04/15/2009)

04/24/2009 379 Unsigned Order to Show Cause for Approval of Notice by Publication to Certain

"Industrial" Policyholders by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Affidavit in Support Newman Affirmation, # 2 Exhibit 1 - MetLife 3/24/00 Letter to Policyholder, # 3 Exhibit 2 Metlife 2/27/09 Reply Letter re Notice, # 4 Exhibit 3 MetLife 10/31/08 Email Reply re Notice, # 5 Exhibit 4 Plfs. 2/20/09 Letter re Notice, # 6 Exhibit 5 Proposed Order, # 7 Memorandum in Support Plaintiffs Memorandum of Law, # 8 Affidavit Burke 4/22/09 Declaration) (Stamell, Jared) (Entered: 04/24/2009)

04/27/2009 380 ORDER TO SHOW CAUSE: ORDERED that defts in this action, Metropolitan Life Insurance Company ("MetLife Co.") and MetLife, Inc. (collectively "MetLife") shall show cause before the Honorable Thomas C. Platt, United States Courthouse, 100 Federal Plaza, Central Islip, New York 11722, on 5/8/2009 at 11:30 a.m. why an order should not be issued permitting notice of the pendency of this action by publication to class members who are "Industrial" policyholders, other than those Industrial policyholders whose names and addresses can be updated by the notice administrator. ORDERED that service of this order shall be made on or before 5/1/2009 electronically and by mail upon counsel for defts. ORDERED that any opposing papers shall be served so as to be received by 5/6/2009. ORDERED that all papers in support of and in opposition to the Court's order shall be submitted to the Court on or before 5/8/2009. C/M. Ordered by Senior Judge Thomas C. Platt on 4/27/2009. (Glueckert, Lisa) (Entered: 04/30/2009)

05/01/2009 381 Letter MOTION to Adjourn Conference / Letter from Eric D. Meyer (Debevoise & Plimpton LLP) to Judge Platt requesting an adjournment of the hearing on plaintiffs' Order to Show Cause currently scheduled for May 8, 2009 by Metropolitan Life Insurance Co., Metlife, Inc.. (Meyer, Eric) (Entered: 05/01/2009)

05/05/2009 ORDER granting 381 Motion to Adjourn the 380 Order to Show Cause hearing; ( Show Cause Hearing is reset for 5/14/2009 10:30 AM in Courtroom 1040 before Senior Judge Thomas C. Platt.) (McMorrow, Karen) (Entered: 05/05/2009)

05/06/2009 382 MEMORANDUM in Opposition re Order on Motion to Adjourn Conference, Terminate Hearings,, Set Hearings, 380 Order to Show Cause,,,, filed by Metropolitan Life Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered: 05/06/2009)

05/08/2009 383 REPLY in Support re 380 Order to Show Cause,,,, Plaintiffs' Reply in Support of Motion for Approval of Notice by Publication to Certain "Industrial" Policyholders filed by all plaintiffs. (Attachments: # 1 Affidavit in Support newman 5-08-09 affirmation, # 2 Exhibit 1 - metlife 9/26/08 email and plfs 10/08/08 reply, # 3 Exhibit 2 - plaintiffs 10/29/08 email and metlife 10/31/08 reply) (Stamell, Jared) (Entered: 05/08/2009)

05/14/2009 Minute Entry for proceedings held before Senior Judge Thomas C. Platt:Show Cause Hearing held on 5/14/2009, Settlement Conference held on 5/14/2009. Counsel for all sides present. The Court speaks to the parties off the record for possible settlement before he issues his order on summary judgment. Set conference for 5/22/09 at 11:00 a.m. (Court Reporter N/A.) (McMorrow, Karen) (Entered: 05/20/2009)

05/21/2009 384 RESPONSE TO ORDER TO SHOW CAUSE by Metropolitan Life Insurance Co., Metlife, Inc. (Attachments: # 1 Attachment to Letter Response) (Yannett, Bruce) (Entered: 05/21/2009)

05/22/2009 385 Letter MOTION to Strike 384 Response to Order to Show Cause Plaintiffs' letter motion to Judge Platt requesting Court to disregard MetLife's surreply or alternatively grant plaintiffs until May 27 to respond by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Stamell, Jared) (Entered: 05/22/2009)

05/27/2009 386 MEMORANDUM & ORDER: For the foregoing reasons, 363 MetLifes motion for summary judgment is DENIED. Plaintiffs 360 motion for summary judgment is DENIED. See attached order for further details. Ordered by Senior Judge Thomas C. Platt on 5/27/2009. (Glueckert, Lisa) (Entered: 05/27/2009)

05/27/2009 387 REPLY in Support re 384 Response to Order to Show Cause Plaintiffs' Letter in Response to Defendants' Additional Response (Dkt. 384) to Order to Show Cause; in the event the Court considers defendants' additional submission and permits plaintiffs' reply filed by all plaintiffs. (Stamell, Jared) (Entered: 05/27/2009)

05/29/2009 Minute Entry for proceedings held before Senior Judge Thomas C. Platt:Status Conference held on 5/29/2009. Jared Stamell and others for plaintiff, Bruce Yannett and others for defendant. Parties discuss notification issues. (Court Reporter Perry Auerbach.) (McMorrow, Karen) (Entered: 06/04/2009)

06/01/2009 388 Letter from Plaintiffs to Judge Platt responding to Court's questions regarding undeliverable mail by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Exhibit 1 - first class postcard rates) (Stamell, Jared) (Entered: 06/01/2009)

06/08/2009 389 ORDER denying 375 Plaintiffs' Motion to compel written answers regarding documents produced. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/8/2009. (Tomlinson, A.) (Entered: 06/08/2009)

06/08/2009 390 ORDER. The Joint Pre-Trial Order is accepted for filing and the action is deemed ready for trial. The action will be tried in accordance with the discretion and trial calendar of District Judge Thomas C. Platt. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/8/2009. (Tomlinson, A.) (Entered: 06/08/2009)

06/08/2009 391 ORDER: SO ORDERED that the plaintiffs' request to notify "Industrial" policyholders by publication is hereby DENIED. Plaintiffs shall provide notification by mail and bear the cost of such mailing. Ordered by Senior Judge Thomas C. Platt on 6/8/2009. (Glueckert, Lisa) (Entered: 06/09/2009)

06/18/2009 392 NOTICE of Appearance by David Scott Mandel on behalf of Michael A. Giannattasio, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III (aty to be noticed) (Mandel, David) (Entered: 06/18/2009)

06/23/2009 393 Letter from Eric D. Meyer (Debevoise & Plimpton LLP) to Judge Platt withdrawing on behalf of all parties the April 2, 2009 letter motion (docket no. 378) requesting an extension of time to file any motion to reconsider or amend the Court's order on summary judgment motions by Metropolitan Life Insurance Co.,

Metlife, Inc. (Meyer, Eric) (Entered: 06/23/2009)

06/26/2009 ORDER withdrawing 378 Motion for Extension of Time to File based on the June 23, 2009 letter [de 378].. Ordered by Senior Judge Thomas C. Platt on 6/26/2009. (McMorrow, Karen) (Entered: 06/26/2009)

07/07/2009 394 Letter to Judge Platt on behalf of all parties advising Court of parties' agreed schedule for motions in limine by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Stamell, Jared) (Entered: 07/07/2009)

07/13/2009 Minute Entry for proceedings held before Senior Judge Thomas C. Platt:Final Pretrial Conference held on 7/13/2009. Discussion held regarding jury selection. Questionnaire will be completed by August 3rd, 2009. Jurors will fill out questionnaires on August 18, 2009. September 8, 2009 at 9:30 a.m. Jury selection and trial. (Court Reporter mARY ANN sTIEGER.) (McMorrow, Karen) (Entered: 07/17/2009)

07/16/2009 NOTICE of Hearing: Pretrial Conference set for 7/21/2009 02:00 PM in Courtroom 1040 before Senior Judge Thomas C. Platt. (McMorrow, Karen) (Entered: 07/16/2009)

07/17/2009 NOTICE of Hearing(Change of Time confirmation): Pretrial Conference set for 7/21/2009 03:00 PM in Courtroom 1040 before Senior Judge Thomas C. Platt. (McMorrow, Karen) (Entered: 07/17/2009)

07/31/2009 395 NOTICE of Appearance by Helen Virginia Cantwell on behalf of Metlife, Inc., Metropolitan Life Insurance Co. (aty to be noticed) (Cantwell, Helen) (Entered: 07/31/2009)

07/31/2009 396 NOTICE of Appearance by Mark P. Goodman on behalf of Metlife, Inc., Metropolitan Life Insurance Co. (aty to be noticed) (Goodman, Mark) (Entered: 07/31/2009)

07/31/2009 397 NOTICE of Appearance by Michael Schaper on behalf of Metlife, Inc., Metropolitan Life Insurance Co. (aty to be noticed) (Schaper, Michael) (Entered: 07/31/2009)

07/31/2009 398 Unsigned Order to Show Cause for Plaintiffs' Motion to Disqualify Debevoise & Plimpton LLP as Counsel by Mary A. Devito, Michael A. Giannattasio, Kevin L. Hyms, Darren F. Murray, Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Affidavit Stamell Affirmation, # 2 Memorandum in Support Plaintiffs' Memorandum of Law) (Stamell, Jared) (Entered: 07/31/2009)

08/03/2009 399 Letter to Judge Platt of behalf of all parties submitting proposed jury questionnaire and case summary by Mary A. Devito, Michael A. Giannattasio, Martin Gold, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Exhibit 1 Proposed Jury Questionnaire, # 2 Exhibit 2 Proposed Case Summary) (Stamell, Jared) (Entered: 08/03/2009)

08/03/2009 400 Unsigned Order to Show Cause Why the Court Should Not Enter an Order Precluding Plaintiffs from Calling Carl Micarelli as a Witness at Trial, Or, in the Alternative, Permitting Him to Be Present at Trial. by Metlife, Inc., Metropolitan Life Insurance Co. (Attachments: # 1 Memorandum in Support Defendants'

Memorandum of Law in Support of Their Motion by Order to Show Cause, # 2 Declaration of Duncan J. Logan in Support of Defendants' Motion by Order to Show Cause, # 3 Declaration of Bruce E. Yannett in Support of Defendants' Motion by Order to Show Cause, # 4 Declaration of Carl Micarelli in Support of Defendants' Motion by Order to Show Cause, # 5 Exhibit A to Declaration of Carl Micarelli in Support of Defendants' Motion by Order to Show Cause, # 6 Exhibit B to Declaration of Carl Micarelli in Support of Defendants' Motion by Order to Show Cause) (Schaper, Michael) (Entered: 08/03/2009)

08/04/2009 401 Letter to Judge Platt of behalf of all parties submitting CORRECTED proposed jury questionnaire by Mary A. Devito, Michael A. Giannattasio, Kevin L. Hyms, Darren F. Murray, Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Exhibit 1 CORRECTED proposed jury questionnaire) (Stamell, Jared) (Entered: 08/04/2009)

08/04/2009 402 Letter MOTION for Hearing re 398 Unsigned Order to Show Cause, 400 Unsigned Order to Show Cause,,, Letter from Carl Micarelli (Debevoise & Plimpton LLP) to Judge Platt requesting briefing schedule on orders to show cause by Metlife, Inc., Metropolitan Life Insurance Co.. (Micarelli, Carl) (Entered: 08/04/2009)

08/04/2009 403 ORDER TO SHOW CAUSE: ORDERED that defts in this action, Metropolitan Life Insurance Company ("MetLife Co.") and MetLife, Inc. (collectively "MetLife"), and Debevoise & Plimpton LLP, shall show cause why an order should not be issued disqualifying Debevoise & Plimpton LLP and all attorneys at that firm from representing defts at the trial of this action. ORDERED that any opposing papers shall be served so as to be received by 8/18/2009. ORDERED that all papers in support of and in opposition to the Court's order shall be submitted to the Court on or before 8/25/2009. Show Cause Hearing set for 8/31/2009 09:30 AM in Courtroom 1040 before Senior Judge Thomas C. Platt. Ordered by Senior Judge Thomas C. Platt on 8/4/2009. (Glueckert, Lisa) (Entered: 08/05/2009)

08/05/2009 404 RESPONSE in Opposition re 402 Letter MOTION for Hearing re 398 Unsigned Order to Show Cause, 400 Unsigned Order to Show Cause,,, Letter from Carl Micarelli (Debevoise & Plimpton LLP) to Judge Platt requesting briefing schedule on orders to show causeLetter MOTION for Hearing re 398 Unsigned Order to Show Cause, 400 Unsigned Order to Show Cause,,, Letter from Carl Micarelli (Debevoise & Plimpton LLP) to Judge Platt requesting briefing schedule on orders to show cause Plaintiffs' Letter Response and Proposed for Schedule filed by Mary A. Devito, Michael A. Giannattasio, Martin Gold, Kevin L. Hyms, Darren F. Murray, Harry S. Purnell, III, Kathy Vanderveur. (Attachments: # 1 Exhibit 1 Plaintiffs Request for Discovery) (Stamell, Jared) (Entered: 08/05/2009)

08/05/2009 405 REPLY to Response to Motion re 402 Letter MOTION for Hearing re 398 Unsigned Order to Show Cause, 400 Unsigned Order to Show Cause,,, Letter from Carl Micarelli (Debevoise & Plimpton LLP) to Judge Platt requesting briefing schedule on orders to show causeLetter MOTION for Hearing re 398 Unsigned Order to Show Cause, 400 Unsigned Order to Show Cause,,, Letter from Carl Micarelli (Debevoise & Plimpton LLP) to Judge Platt requesting briefing schedule on orders to show cause / Letter from Carl Micarelli (Debevoise & Plimpton LLP) to Judge Platt in response to Plaintiffs' letter dated 8/5/09 (Document Number 404). filed by Metlife, Inc., Metropolitan Life Insurance Co.. (Micarelli, Carl) (Entered: 08/05/2009)

08/06/2009 406 MOTION for Leave to Appear Pro Hac Vice by Teresa W. Roseborough Filing fee $ 25, receipt number 0207-3670559. by Metlife, Inc., Metropolitan Life Insurance Co.. (Attachments: # 1 Affidavit of Michael Schaper. Esq., # 2 Affidavit of Teresa W. Roseborough, # 3 Proposed Order) (Schaper, Michael) (Entered: 08/06/2009)

08/06/2009 407 MEMORANDUM & ORDER: SO ORDERED that the Court reopens discovery in this matter for the limited purpose of resolving questions related to the alleged conflict of interest concerning MetLife's counsel, Debevoise & Plimpton. Ordered by Senior Judge Thomas C. Platt on 8/6/2009. (Glueckert, Lisa) (Entered: 08/07/2009)

08/06/2009 408 ORDER TO SHOW CAUSE: SO ORDERED that the plaintiffs shall show cause why an order should not issue Precluding plaintiffs from calling defts' litigation counsel Carl Micarelli as a witness at trial; or In the alternative, (a) permitting Mr. Micarelli to be present in the courtroom during trial despite being listed as a witness, and/or (b) requiring plaintiffs to call Mr. Micarelli, if at all, as their first witness; and Granting defts such other and further relief as may be just and proper. FURTHER ORDERED that service of a copy of this order and the papers upon which it is made, on or before 8/7/2009 by Electronic Case Filing or personal delivery to the offices of the plaintiffs' counsel, shall be deemed good and sufficient service thereof. FURTHER ORDERED that any opposing papers shall be served so as to be received by defts' counsel on or before 8/18/2009. FURTHER ORDERED that any reply papers shall be served so as to be received by plaintiffs' counsel on or before 8/25/2009. Show Cause Hearing set for 8/31/2009 at 9:30 AM in Courtroom 1040 before Senior Judge Thomas C. Platt. Ordered by Senior Judge Thomas C. Platt on 8/6/2009. (Glueckert, Lisa) (Entered: 08/07/2009)

08/07/2009 409 Letter to Judge Platt of behalf of all parties submitting (i) final jury questionnaire incorporating the Court's changes and (ii) case summary by Mary A. Devito, Michael A. Giannattasio, Martin Gold, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Exhibit 1 Final Jury Questionnaire, # 2 Exhibit 2 Case Summary) (Stamell, Jared) (Entered: 08/07/2009)

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