U.S. District Court Southern District of Florida (Ft...

US District Court Civil Docket as of May 31, 2011 Retrieved from the court on October 16, 2013

CLOSED,LRJ,REF_PTRL

U.S. District Court Southern District of Florida (Ft Lauderdale)

CIVIL DOCKET FOR CASE #: 0:06-cv-61844-KAM

George Durgin Individually and on Behalf of All Other Similarly Situated

Date Filed: 12/08/2006 Date Terminated: 10/22/2009 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

represented by David J. George Robbins Geller Rudman & Dowd LLP 120 E Palmetto Park Road Suite 500 Boca Raton, FL 33432 561-750-3000 Fax: 561-750-3364 Email: [email protected] TERMINATED: 09/13/2007 LEAD ATTORNEY

Paul Jeffrey Geller Robbins Geller Rudman & Dowd LLP 120 E Palmetto Park Road Suite 500 Boca Raton, FL 33432 561-750-3000 Fax: 561-750-3364 Email: [email protected] TERMINATED: 09/13/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stuart Andrew Davidson

Durgin v. Technical Olympic USA, Inc. et al Assigned to: Judge Kenneth A. Marra Referred to: Magistrate Judge Linnea R. Johnson Demand: $5,000,000 Case in other court: USCA, 09-15595-JJ

USCA, 09-15595-JJ Cause: 15:0078 Securities Exchange Act

Plaintiff

Robbins Geller Rudman & Dowd LLP 120 East Palmetto Park Road Suite 500 Boca Raton, FL 33432 561-750-3000 Fax: 750-3364 Email: [email protected] TERMINATED: 09/13/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Agnes Jutkowitz represented by Kevin Bruce Love Criden & Love PA 7301 SW 57th Court Suite 515 South Miami, FL 33134 305-357-9000 Fax: 357-9050 Email: [email protected] ATTORNEY TO BE NOTICED

Patrick V. Dahlstrom Pomerantz Haudek Block Grossman & Gross 1 N LaSalle Street Suite 2225 Chicago, IL 60602 312-377-1181

Plaintiff

Diamondback Capital Management LLC

Plaintiff

Bricklayers & Trowel Trades International Pension Fund

represented by Julie Prag Vianale Vianale & Vianale 2499 Glades Road Suite 112 Boca Raton, FL 33431 561-392-4750 Fax: 392-4775 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

represented by Chris A. Barker Barker, Rodems & Cook, P.A.

501 East Kennedy Boulevard Suite 790 Tampa, FL 33602 813-489-1001 Fax: 813-489-1008 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory M. Egleston Bernstein Liebhard & Lifshitz 10 E 40th Street 22nd Floor New York, NY 10016 212-779-1414 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Jeffrey M. Haber Bernstein Liebhard & Lifshitz 10 E 40th Street 22nd Floor New York, NY 10016 212-779-1414 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

V.

Defendant

Technical Olympic USA, Inc. represented by David Paul Ackerman Ackerman Link & Sartory 222 Lakeview Avenue Suite 1250 West Palm Beach, FL 33401 561-838-4100 Fax: 838-5305 Email: [email protected] TERMINATED: 04/15/2011 LEAD ATTORNEY

Jeffrey S. Powell Kirkland & Ellis

655 15th Street NW Suite 1200 Washington, DC 20005 202-879-5108 Fax: 202-879-5200 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard James Brener Ackerman, Link & Sartory, P.A. 222 Lakeview Avenue Suite 1250 West Palm Beach, FL 33401 561-838-4100 Fax: 561-838-5305 Email: [email protected] TERMINATED: 04/15/2011 LEAD ATTORNEY

Wendy Susan Leavitt 808 Claremore Drive West Palm Beach, FL 33401 305-720-4178 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Zhonette M. Brown Kirkland & Ellis 655 15th Street NW Suite 1200 Washington, DC 20005 202-879-5108 Fax: 202-879-5200 Email: [email protected] TERMINATED: 05/08/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bridget K. O'Connor Kirkland & Ellis 655 15th Street NW Suite 1200 Washington, DC 20005 202-879-5048

Fax: 654-9448 Email: [email protected] ATTORNEY TO BE NOTICED

Daniel T. Donovan Kirkland & Ellis 655 15th Street NW Suite 1200 Washington, DC 20005 202-879-5000 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Matthew E. Papez Kirkland & Ellis 655 15th Street NW Suite 1200 Washington, DC 20005 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Antonio P. Mon represented by David Paul Ackerman (See above for address) TERMINATED: 10/29/2007 LEAD ATTORNEY

James D. Wareham Paul Hastings Janofsky & Walker 875 15th Street NW Washington, DC 20005-2400 202-551-1700 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffrey S. Powell (See above for address) TERMINATED: 10/29/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard James Brener (See above for address) TERMINATED: 04/15/2011 LEAD ATTORNEY

Zhonette M. Brown (See above for address) TERMINATED: 05/08/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James E. Anklam Paul Hastings Janofsky & Walker 875 15th Street NW Washington, DC 20005-2400 202-551-1700 PRO HAC VICE ATTORNEY TO BE NOTICED

James T. Hubler Paul Hastings Janofsky & Walker 875 15th Street NW Washington, DC 20005-2400 202-551-1700 TERMINATED: 09/15/2008 ATTORNEY TO BE NOTICED

Joseph F. McSorley Shutts & Bowen LLP City Place Tower Suite 1100 525 Okeechobee Boulevard West Palm Beach, FL 33401 561-835-8500 Fax: 650-8530 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

David J. Keller represented by David Paul Ackerman (See above for address) TERMINATED: 10/29/2007 LEAD ATTORNEY


Martin B. McNamara

Gibson Dunn & Crutcher 2100 McKinney Avenue Suite 1100 Dallas, TX 75201 214-698-3127 Fax: 214-571-2938 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED


Stanley Howard Wakshlag Kenny Nachwalter, P.A. 201 S Biscayne Boulevard Suite 1100 Miami, FL 33131-4327 305-373-1000 Fax: 372-1861 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED


Sarah Toraason Gibson Dunn & Crutcher 2100 McKinney Avenue Suite 1100 Dallas, TX 75201 214-698-3226 Fax: 214-571-2981 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Randy L. Kotler represented by Allan Michael Lerner

Allan M. Lerner 2888 E Oakland Park Boulevard Fort Lauderdale, FL 33306 954-563-8111 Fax: 563-8522 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Paul Ackerman (See above for address) TERMINATED: 10/29/2007 LEAD ATTORNEY




Defendant

Konstantinos Stengos represented by Francis A. Anania Anania Bandklayder Baumgarten & Torricella Miami Tower 100 SE 2nd Street Suite 4300 Miami, FL 33131-2144 305-373-4900 Fax: 305-373-6914 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ariel I. Raphael

Wilmer Cutler Pickering Hale & Dorr LLP 60 State Street Boston, MA 02109 617-526-6000 Email: [email protected] ATTORNEY TO BE NOTICED

Michael G. Bongiorno Wilmer Cutler Pickering Hale & Dorr LLP 60 State Street Boston, MA 02109 617-526-6000 Email: [email protected] ATTORNEY TO BE NOTICED

Peter A. Spaeth Wilmer Cutler Pickering Hale & Dorr LLP 60 State Street Boston, MA 02109 617-526-6000 Fax: 526-5000 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Andreas Stengos represented by Francis A. Anania (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ariel I. Raphael (See above for address) ATTORNEY TO BE NOTICED

Michael G. Bongiorno (See above for address) ATTORNEY TO BE NOTICED

Peter A. Spaeth (See above for address) ATTORNEY TO BE NOTICED

Defendant

Tommy L. McAden represented by John D. Roesser Proskauer Rose LLP 1585 Broadway New York, NY 10036-8299 212-969-3000 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Lisa Beth Markofsky Proskauer Rose 2255 Glades Road Suite 421 Atrium Boca Raton, FL 33431 561.241.7400 Fax: 561.241.7145 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Beatriz L. Koltis represented by Brian Joseph Stack Stack Fernandez Anderson & Harris, P.A. 1200 Brickell Avenue Suite 950 Miami, FL 33131-4331 305-371-0001 Fax: 305-371-0002 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bruce A. Ericson Pillsbury Winthrop Shaw Pittman LLP 50 Fremont Street San Francisco, CA 94105-2228 415-983-1000 Fax: 415-983-1200 Email: [email protected] ATTORNEY TO BE NOTICED

Denise Brody Crockett Stack Fernandez Anderson & Harris,

P.A. 1200 Brickell Avenue Suite 950 Miami, FL 33131-2398 305-371-0001 Fax: 305-371-0002 Email: [email protected] ATTORNEY TO BE NOTICED

Jacob R. Sorensen Pillsbury Winthrop Shaw Pittman LLP 50 Fremont Street San Francisco, CA 94105-2228 415-983-1000 Fax: 415-983-1200 Email: [email protected] ATTORNEY TO BE NOTICED

Lindsay Lutz Pillsbury Winthrop Shaw Pittman LLP 50 Fremont Street San Francisco, CA 94105-2228 415-983-1000 Fax: 415-983-1200 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Larry Horner

Defendant

William Hasler

Defendant

Michael Poulos

Defendant

Susan B. Parks

Defendant

Lonnie M. Fedrick

Defendant

Marianna Stengou represented by Francis A. Anania (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Defendant

George Stengos represented by Francis A. Anania (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Defendant

J. Bryan Whitworth

Defendant

Technical Olympic SA represented by Francis A. Anania (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




represented by Tracy Ann Nichols Holland & Knight 701 Brickell Avenue Suite 3000 Miami, FL 33131 305-374-8500X7717 Fax: 789-7799 Email: [email protected] TERMINATED: 05/19/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

represented by Tracy Ann Nichols (See above for address) TERMINATED: 05/19/2009 LEAD ATTORNEY

Defendant

UBS Securities LLC

Defendant

Citigroup Global Markets Inc.

ATTORNEY TO BE NOTICED

Defendant

Deutsche Bank Securities, Inc. represented by Tracy Ann Nichols (See above for address) TERMINATED: 05/19/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

JMP Securities LLC represented by Tracy Ann Nichols (See above for address) TERMINATED: 05/19/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed

12/08/2006

12/08/2006

12/08/2006

12/08/2006

12/08/2006

# Docket Text

1 Class Action COMPLAINT against all defendants Filing fee $ 350. Receipt#: 538922, filed by George Durgin.(caw) (Entered: 12/11/2006)

2 Summons Issued as to Technical Olympic USA, Inc.. (caw) (Entered: 12/11/2006)

3 Summons Issued as to David J. Keller. (caw) (Entered: 12/11/2006)

4 Summons Issued as to Antonio P. Mon. (caw) (Entered: 12/11/2006)

5 Summons Issued as to Randy L. Kotler. (caw) (Entered: 12/11/2006)

12/22/2006 6 Order requiring counsel to confer, Requiring Joint Scheduling Report, and file joint discovery report. Signed by Judge Kenneth A. Marra on 12/21/06. (lk) (Entered: 12/28/2006)

01/05/2007 7 SUMMONS Returned Executed by George Durgin. Technical Olympic USA, Inc. served on 12/11/2006, answer due 12/31/2006. (hd) (Entered: 01/05/2007)

01/05/2007 8 SUMMONS Returned Executed by George Durgin. Randy L. Kotler served on 12/11/2006, answer due 12/31/2006. (hd) (Entered: 01/05/2007)

01/18/2007 9 STIPULATION Briefing Schedule Relating to Plaintiff's Consolidated Complaint by George Durgin. (Attachments: # 1 Text of Proposed Order Approving Stipulated Briefing Schedule Relating to Plaintiff's Consolidated Complaint)(George, David) (Entered: 01/18/2007)

02/12/2007 10 MOTION to Consolidate Cases , appoint lead plaintiff and approve lead counsel by Agnes Jutkowitz. Responses due by 2/27/2007 (Love, Kevin) (Entered: 02/12/2007)

02/12/2007 11 MEMORANDUM OF LAW in support of Motion to Consolidate, Appoint Lead Plaintiff and Approve Lead Counsel by Agnes Jutkowitz. (Love, Kevin) (Entered: 02/12/2007)

02/12/2007 12 AFFIDAVIT signed by : Kevin B. Love. re 10 MOTION to Consolidate Cases , appoint lead plaintiff and approve lead counsel, 11 Memorandum of Law by Agnes Jutkowitz. (Attachments: # 1 Exhibit A (press release)# 2 Exhibit B (Certification)# 3 Exhibit C (Certification)# 4 Exhibit D (chart)# 5 Exhibit E (PHBG&G Firm Resume)# 6 Exhibit F (HCL Firm Resume)# 7 Text of Proposed Order)(Love, Kevin) (Entered: 02/12/2007)

02/12/2007 13 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Lead Counsel by Communications Workers of America. Responses due by 2/27/2007 (Attachments: # 1 Text of Proposed Order)(Pucillo, Michael) (Entered: 02/12/2007)

02/12/2007 14 AFFIDAVIT signed by : Michael J. Pucillo. re 13 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Lead Counsel by Communications Workers of America. (Pucillo, Michael) (Entered: 02/12/2007)

02/12/2007 15 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and for Approval of Selection of Lead Counsel by Central Laborers' Pension Fund. Responses due by 2/27/2007 (George, David) (Entered: 02/12/2007)

02/12/2007 16 MEMORANDUM OF LAW in Support of the Motion for Consolidation, Appointment as Lead Plaintiff and for Approval of Selection of Lead Counsel by Central Laborers' Pension Fund. (George, David) (Entered: 02/12/2007)

02/12/2007 17 AFFIDAVIT signed by : David J. George. re 15 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and for Approval of Selection of Lead Counsel, 16 Memorandum of Law by Central Laborers' Pension Fund. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Text of Proposed Order Consolidating the Actions, Appointing Lead Plaintiff and Approving Selection of Lead Counsel)(George, David) (Entered: 02/12/2007)

02/12/2007 18 MOTION for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and Liaison Counsel by Diamondback Capital Management, L.L.C.. (Attachments: # 1 Proposed Order)(Vianale, Julie) (Entered: 02/12/2007)

02/12/2007 19 AFFIDAVIT signed by : Julie Vianale. re 18 MOTION for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and Liaison Counsel by Diamondback Capital Management, L.L.C.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Vianale, Julie) (Entered: 02/12/2007)

02/12/2007 20 MOTION to Consolidate Cases , Appoint Lead Plaintiff, and Approval of Lead Counsel by Bricklayers & Trowel Trades International Pension Fund. Responses due by 2/27/2007 (Attachments: # 1 Text of Proposed Order)(Barker, Chris) (Entered: 02/12/2007)

02/12/2007 21 MEMORANDUM OF LAW in Support of Motion for Consolidation, Appointment of Lead Plaintiff, and Approval of Lead Counsel by Bricklayers & Trowel Trades International Pension Fund. (Barker, Chris) (Entered: 02/12/2007)

02/12/2007 22 AFFIDAVIT signed by : Chris A. Barker. re 21 Memorandum of Law, 20 MOTION to Consolidate Cases , Appoint Lead Plaintiff, and Approval of Lead Counsel by Bricklayers & Trowel Trades International Pension Fund. (Attachments: # 1 Exhibit A-D# 2 Exhibit E)(Barker, Chris)

(Entered: 02/12/2007)

02/21/2007 23 ORDER REFERRING CASE to Magistrate Judge Linnea R. Johnson for Pretrial Signed by Judge Barry S. Seltzer on 2/20/07 and Judge Marra on 2/20/07(lk) (Entered: 02/21/2007)

02/22/2007 24 ORDER approving 9 Stipulated briefing schedule relating to plaintiff's consolidated complaint. Signed by Judge Kenneth A. Marra on 2/22/2007 (mt) (Entered: 02/22/2007)

02/26/2007 25 STIPULATION for Substitution of Counsel by Technical Olympic USA, Inc., Antonio P. Mon, David J. Keller, Randy L. Kotler. (Attachments: # 1 Text of Proposed Order)(Brener, Richard) (Entered: 02/26/2007)

02/27/2007 26 RESPONSE to Motion re 13 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Lead Counsel , 15 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and for Approval of Selection of Lead Counsel , 10 MOTION to Consolidate Cases , appoint lead plaintiff and approve lead counsel, 18 MOTION for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and Liaison Counsel, 20 MOTION to Consolidate Cases , Appoint Lead Plaintiff, and Approval of Lead Counsel filed by Technical Olympic USA, Inc., Antonio P. Mon, David J. Keller, Randy L. Kotler. Replies due by 3/6/2007. (Ackerman, David) (Entered: 02/27/2007)

02/27/2007 27 MEMORANDUM in Opposition re 13 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Lead Counsel , 15 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and for Approval of Selection of Lead Counsel , 10 MOTION to Consolidate Cases , appoint lead plaintiff and approve lead counsel, 18 MOTION for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and Liaison Counsel, 20 MOTION to Consolidate Cases , Appoint Lead Plaintiff, and Approval of Lead Counsel and in further support of Bricklayers' Motion for Consolidation and Appointment [Docket # 20] filed by Bricklayers & Trowel Trades International Pension Fund. (Attachments: # 1 Exhibit A - E)(Barker, Chris) (Entered: 02/27/2007)

02/27/2007 28 RESPONSE in Opposition re 13 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Lead Counsel , 15 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and for Approval of Selection of Lead Counsel , 10 MOTION to Consolidate Cases , appoint lead plaintiff and approve lead counsel, 20 MOTION to Consolidate Cases , Appoint Lead Plaintiff, and Approval of Lead Counsel filed by Diamondback Capital Management, L.L.C.. (Vianale, Julie) (Entered: 02/27/2007)

03/02/2007 29 MEMORANDUM in Support re 10 MOTION to Consolidate Cases , appoint lead plaintiff and approve lead counsel, 12 Affidavit,, 11 Memorandum of Law in further support of motion filed by Agnes

Jutkowitz. (Love, Kevin) (Entered: 03/02/2007)

03/02/2007 30 MEMORANDUM in Support re 13 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Lead Counsel , 17 Affidavit,, 15 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and for Approval of Selection of Lead Counsel , 16 Memorandum of Law, 14 Affidavit and in Opposition to the Competing Motions filed by Communications Workers of America, Central Laborers' Pension Fund. (George, David) (Entered: 03/02/2007)

03/02/2007 31 AFFIDAVIT signed by : David J. George. re 30 Memorandum in Support, of the Joint Motion of Central Laborers' Pension Fund and Communications Workers of America for Appointment of Lead Plaintiffs and Approval of Selection of Lead Counsel by Communications Workers of America, Central Laborers' Pension Fund. (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)(George, David) (Entered: 03/02/2007)

03/02/2007 32 Application to Appear Pro Hac Vice for Attorney Jeffrey S. Powell, Filing Fee $75, Receipt #722484. (cw) (Entered: 03/05/2007)

03/02/2007 33 Application to Appear Pro Hac Vice Attorney Zhonette M. Brown, Filing Fee $75, Receipt #722847. (cw) (Entered: 03/05/2007)

03/05/2007 34 MOTION for Hearing re 30 Memorandum in Support, of the Joint Motion of Central Laborers and CWA for Appointment as Lead Plaintiffs and Approval of Selection of Lead Counsel and in Opposition to the Competing Motions by Communications Workers of America, Central Laborers' Pension Fund. (George, David) (Entered: 03/05/2007)

03/07/2007 35 Joint MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and Liaison Counsel, 20 MOTION to Consolidate Cases , Appoint Lead Plaintiff, and Approval of Lead Counsel by Diamondback Capital Management, L.L.C., Bricklayers & Trowel Trades International Pension Fund. (Attachments: # 1 Proposed Order)(Vianale, Julie) (Entered: 03/07/2007)

03/07/2007 36 ENDORSED ORDER granting 32 Motion to Appear Pro Hac Vice Name of Attorney Zhonette M. Brown for Technical Olympic USA, Inc. and Antonio P. Mon, Jeffrey S. Powell for Technical Olympic USA, Inc. and Antonio P. Mon, granting 33 Motion to Appear Pro Hac Vice Name of Attorney Zhonette M. Brown for Technical Olympic USA, Inc. and Antonio P. Mon, Jeffrey S. Powell for Technical Olympic USA, Inc. and Antonio P. Mon Signed by Judge Kenneth A. Marra on 3/7/2007 (mt) (Entered: 03/07/2007)

03/07/2007 37 ORDER granting 35 Motion for Extension of Time to File Response/Reply re 20 MOTION to Consolidate Cases , Appoint Lead Plaintiff, and Approval of Lead Counsel , 18 MOTION for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and Liaison Counsel Replies due by 3/12/2007.Signed by Judge Kenneth A. Marra on 3/7/07 (nt) (Entered: 03/07/2007)

03/09/2007 38 Agreed MOTION for Leave to File Excess Pages by Diamondback Capital Management, L.L.C.. (Attachments: # 1 Proposed Order)(Vianale, Julie) (Entered: 03/09/2007)

03/12/2007 39 ORDER granting 38 Agreed Motion for Leave to File Excess Pages, 15 pages consolidated reply memorandum.Signed by Judge Kenneth A. Marra on 3/9/07 (lk) (Entered: 03/12/2007)

03/12/2007 40 REPLY to Response to Motion re 10 MOTION to Consolidate Cases , appoint lead plaintiff and approve lead counsel filed by Agnes Jutkowitz. (Love, Kevin) (Entered: 03/12/2007)

03/12/2007 41 REPLY to Response to Motion re 20 MOTION to Consolidate Cases , Appoint Lead Plaintiff, and Approval of Lead Counsel filed by Bricklayers & Trowel Trades International Pension Fund. (Attachments: # 1 Exhibit A and B)(Barker, Chris) (Entered: 03/12/2007)

03/12/2007 42 REPLY to Response to Motion re 13 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Lead Counsel , 15 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and for Approval of Selection of Lead Counsel filed by Communications Workers of America, Central Laborers' Pension Fund. (Attachments: # 1 Exhibit A# 2 Exhibit B)(George, David) (Entered: 03/12/2007)

03/12/2007 43 REPLY to Response to Motion re 18 MOTION for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and Liaison Counsel filed by Diamondback Capital Management, L.L.C.. (Attachments: # 1 Declaration of Mark Hadlock)(Vianale, Julie) (Entered: 03/12/2007)

03/12/2007 44 AFFIDAVIT signed by : Julie P. Vianale. re 43 Reply to Response to Motion, by Diamondback Capital Management, L.L.C.. (Attachments: # 1 Exhibit A# 2 Exhibit B, Part 1# 3 Exhibit B, Part 2# 4 Exhibit C, Part 1# 5 Exhibit C, Part 2# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I)(Vianale, Julie) (Entered: 03/12/2007)

03/14/2007 45 MOTION to Appear Pro Hac Vice for Attorney Thomas J. McKenna, Filing Fee $75, Receipt #722539. (cw) (Entered: 03/15/2007)

03/15/2007 46 ORDER granting 34 Motion for Hearing. Hearing set for March 29, 2007 at 1:30 pm (see order for details).. Signed by Judge Kenneth A. Marra on 3/14/2007. (mt) (Entered: 03/15/2007)

03/19/2007 47 ORDER granting 45 Motion to Appear Pro Hac Vice Name of Attorney Thomas J. McKenna for Diamondback Capital Management, L.L.C. Signed by Judge Kenneth A. Marra on 3/16/2007. (mt) (Entered: 03/19/2007)

03/20/2007

48 MOTION to Appear Pro Hac Vice for Attorney David A. Rosenfeld, I Filing Fee $75, Receipt #539624. (cw) (Entered: 03/21/2007)

03/23/2007

49 MOTION to Appear Pro Hac Vice for Attorney Stanley D. Bernstein, Filing Fee $75, Receipt #722566. (cw) (Entered: 03/23/2007)

03/23/2007 50 Notice of Supplemental Authority re 18 MOTION for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and Liaison Counsel by Diamondback Capital Management, L.L.C. (Attachments: # 1 Exhibit A)(Vianale, Julie) (Entered: 03/23/2007)

03/26/2007 51 RESPONSE to 50 Notice of Supplemental Authority ofDiamondback Capital Management filed by Bricklayers & Trowel Trades International Pension Fund. (Attachments: # 1 Exhibit A)(Barker, Chris) (Entered: 03/26/2007)

03/26/2007

03/28/2007

03/29/2007

03/29/2007

52 MOTION to Appear Pro Hac Vice for Attorney Stephen J. Fearon, Jr., Filing Fee $75, Receipt #722576. (cw) (Entered: 03/26/2007)

53 MOTION to Appear Pro Hac Vice for Attorney Patrick V. Dahlstrom, Filing Fee $75, Receipt #722589. (cw) (Entered: 03/28/2007)

54 Corporate Disclosure Statement by Technical Olympic USA, Inc.. (Ackerman, David) (Entered: 03/29/2007)

55 AFFIDAVIT signed by : BARRY MCANARNEY and BARBARA J. EASTERLING. re 13 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Lead Counsel , 15 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and for Approval of Selection of Lead Counsel by Communications Workers of America, Central Laborers' Pension Fund. (George, David) (Entered: 03/29/2007)

03/29/2007 56 ENDORSED ORDER granting 48 Motion to Appear Pro Hac Vice, granting 49 Motion to Appear Pro Hac Vice, granting 52 Motion to Appear Pro Hac Vice, granting 53 Motion to Appear Pro Hac Vice Signed by Judge Kenneth A. Marra on 3/26/2007. (mt) (Entered: 03/29/2007)

03/30/2007 57 Minute Entry for proceedings held before Judge Kenneth A. Marra : Motion Hearing held on 3/30/2007 re 13 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Lead Counsel files by the parties in cases 06-61844-Civ-Marra, 06-61928-Civ-Marra, 06-61938-Civ-Marra, 07-60009-Civ-Marra. Court Reporter: Stephen Franklin (mt) (Entered: 03/30/2007)

03/30/2007 58 ORDER consolidating cases 06-61928-Civ-Marra, 06-61938-Civ-Marra,

07-60009-Civ-Marra with Case No. 06-61844-Civ-Marra.Signed by Judge Kenneth A. Marra on 3/29/2007.(mt) (Entered: 03/30/2007)

03/30/2007 59 SUPPLEMENT al Filing Correcting Material Errors on Chart Submitted by Diamondback Capital Management LLC at March 29, 2007 Hearing by Bricklayers & Trowel Trades International Pension Fund. (Attachments: # 1 Exhibit A - D)(Barker, Chris) (Entered: 03/30/2007)

03/30/2007 60 NOTICE by Diamondback Capital Management, L.L.C. of Filing of Corrected Charts (Attachments: # 1 Exhibits A - C)(Vianale, Julie) (Entered: 03/30/2007)

04/27/2007 61 TRANSCRIPT of motions hearing Proceedings before Judge Kenneth A. Marra. Court Reporter: Stephen Franklin. (lk) (Entered: 05/03/2007)

06/07/2007 62 NOTICE by Technical Olympic USA, Inc. of Name Change (Attachments: # 1 Exhibit A - Certificate of Amendment)(Ackerman, David) (Entered: 06/07/2007)

07/18/2007 63 MOTION to Lift PSLRA Discovery Stay for Purpose of Allowing Service of Document Preservation Subpoenas and Incorporated Memorandum of Law by Diamondback Capital Management, L.L.C.. (Attachments: # 1 Proposed Order)(Vianale, Julie) (Entered: 07/18/2007)

07/18/2007 64 AFFIDAVIT signed by : Julie Prag Vianale. re 63 MOTION to Lift PSLRA Discovery Stay for Purpose of Allowing Service of Document Preservation Subpoenas and Incorporated Memorandum of Law by Diamondback Capital Management, L.L.C.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Vianale, Julie) (Entered: 07/18/2007)

07/23/2007 65 RESPONSE to Motion re 63 MOTION to Lift PSLRA Discovery Stay for Purpose of Allowing Service of Document Preservation Subpoenas and Incorporated Memorandum of Law filed by Communications Workers of America, Central Laborers' Pension Fund. Replies due by 7/30/2007. (Attachments: # 1 Exhibit A)(George, David) (Entered: 07/23/2007)

07/31/2007 66 RESPONSE to Motion re 63 MOTION to Lift PSLRA Discovery Stay for Purpose of Allowing Service of Document Preservation Subpoenas and Incorporated Memorandum of Law filed by Technical Olympic USA, Inc.. Replies due by 8/7/2007. (Ackerman, David) (Entered: 07/31/2007)

09/07/2007 67 OPINION AND ORDER denying 10 Motion to Consolidate Cases, denying 13 Motion to Consolidate Cases, denying 15 Motion to Consolidate Cases, granting 18 Motion, denying 20 Motion to Consolidate Cases.Signed by Judge Kenneth A. Marra on 9/6/07. (lk) (Entered: 09/07/2007)

09/11/2007 68 NOTICE of Filing of Consent Order by Diamondback Capital Management, L.L.C. re 63 MOTION to Lift PSLRA Discovery Stay for

Purpose of Allowing Service of Document Preservation Subpoenas and Incorporated Memorandum of Law (Attachments: # 1 Proposed Order)(Vianale, Julie) Modified on 9/12/2007 (ls). (Entered: 09/11/2007)

09/11/2007 69 CONSENT ORDER granting 63 Motion By Diamondback Capital, LLC Seeking Permission to Serve Document Preservation Subpoenas. Signed by Judge Kenneth A. Marra on 9/11/07. (gm1) (Entered: 09/12/2007)

09/13/2007 70 NOTICE by Central Laborers' Pension Fund of Withdrawal of Counsel (George, David) (Entered: 09/13/2007)

10/11/2007 71 MOTION to Withdraw as Attorney for Individual Defendants by Antonio P. Mon, David J. Keller, Randy L. Kotler. Responses due by 10/25/2007 (Attachments: # 1 Text of Proposed Order)(Ackerman, David) (Entered: 10/11/2007)

10/12/2007

10/23/2007

10/23/2007

10/23/2007

10/25/2007

72 NOTICE of Attorney Appearance by Allan Michael Lerner on behalf of Randy L. Kotler (Lerner, Allan) (Entered: 10/12/2007)

73 NOTICE of Attorney Appearance by Stanley Howard Wakshlag on behalf of David J. Keller (Wakshlag, Stanley) (Entered: 10/23/2007)

76 Application for Admission Pro Hac Vice for Attorney Martin B. McNamara, Filing Fee $75, Receipt #968913. (cw) (Entered: 10/25/2007)

77 Application for Admission Pro Hac Vice for Attorney Sarah Toraason, Filing Fee $75, Receipt #968912. (cw) (Entered: 10/25/2007)

74 NOTICE of Attorney Appearance by Joseph F McSorley on behalf of Antonio P. Mon (McSorley, Joseph) (Entered: 10/25/2007)

10/25/2007 75 MOTION for Leave to Appear Certification in Support of Motion to Admit Pro Hac Vice (Wareham and Hubler) by Antonio P. Mon. Responses due by 11/8/2007 (McSorley, Joseph) (Entered: 10/25/2007)

10/25/2007 78 CERTIFICATION in Support of Motion to Admit James D. Wareham and James T. Hubler Pro Hac Vice by Antonio P. Mon [See Image at DE

I #75](ls) (Entered: 10/25/2007)

10/25/2007 79 NOTICE of Docket Correction and Instruction to Filer: re 75 MOTION for Leave to Appear Certification in Support of Motion to Admit Pro Hac Vice (Wareham and Hubler) filed by Antonio P. Mon, Error: Wrong Event Selected; Correction=Redocketed as Certificate of Counsel by Clerk. Instruction to Filer=In the future please select the proper Event; (ls) (Entered: 10/25/2007)

10/25/2007 83 Defendant Antonio Mon's MOTION to Admit James D. Wareham and James T. Hubler Pro Hac Vice, Filing Fee $150, Receipt #723333. (cw) (Entered: 10/29/2007)

10/26/2007 80 ENDORSED ORDER granting 76 Motion for Martin B. McNamara to Appear Pro Hac Vice Signed by Judge Kenneth A. Marra on 10/25/07. (kb) (Entered: 10/26/2007)

10/26/2007 81 ENDORSED ORDER granting 77 Motion for Sarah Toraason to Appear Pro Hac Vice Signed by Judge Kenneth A. Marra on 10/25/07. (kb) (Entered: 10/26/2007)

10/29/2007 82 ENDORSED ORDER granting 71 Motion to Withdraw as Attorney. Attorney David Paul Ackerman and Jeffrey S. Powell terminated Signed by Judge Kenneth A. Marra on 10/26/07. (kb) (Entered: 10/29/2007)

10/29/2007 Attorney David Paul Ackerman and Jeffrey S. Powell terminated. Sent terminated attorney(s) instructions for tracking future case activity. (dm) (Entered: 10/30/2007)

10/31/2007 84 ENDORSED ORDER granting 83 James D. Wareham and James T. Hubler Motion to Appear Pro Hac Vice. Signed by Judge Kenneth A. Marra on 10/30/07. (ir) (Entered: 10/31/2007)

11/02/2007 85 AMENDED COMPLAINT, filed by Diamondback Capital Management, L.L.C.. (Attachments: # 1 Exhibit A# 2 Exhibit B, Part 1# 3 Exhibit B, Part 2# 4 Exhibit B, Part 3# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F)(Vianale, Julie) (Entered: 11/02/2007)

11/05/2007

11/05/2007

86 NOTICE by Communications Workers of America of Withdrawal of Counsel (Pucillo, Michael) (Entered: 11/05/2007)

Attorney Michael J. Pucillo terminated. Sent terminated attorney(s) instructions for tracking future case activity. (per DE # 86 ) (ls) (Entered: 11/06/2007)

11/06/2007 87 Summons Issued as to UBS Securities LLC, Citigroup Global Markets Inc., Deutsche Bank Securities, Inc., JMP Securities LLC. (ail) (Entered: 11/07/2007)

12/07/2007

88 SUMMONS Returned Executed by Diamondback Capital Management LLC. JMP Securities LLC served on 11/30/2007, answer due 12/20/2007. (Vianale, Julie) (Entered: 12/07/2007)

12/07/2007

89 SUMMONS Returned Executed by Diamondback Capital Management LLC. Deutsche Bank Securities, Inc. served on 11/9/2007, answer due 11/29/2007. (Vianale, Julie) (Entered: 12/07/2007)

12/07/2007

90 SUMMONS Returned Executed by Diamondback Capital Management LLC. UBS Securities LLC served on 11/9/2007, answer due 11/29/2007. (Vianale, Julie) (Entered: 12/07/2007)

12/07/2007

91 SUMMONS Returned Executed by Diamondback Capital Management LLC. Citigroup Global Markets Inc. served on 11/30/2007, answer due

12/20/2007. (Vianale, Julie) (Entered: 12/07/2007)

12/14/2007 92 Unopposed MOTION for Extension of Time to File Motion to Dismiss the Consolidated Class Action Complaint , Unopposed MOTION for Leave to File Excess Pages re Motion to Dismiss by UBS Securities LLC, Citigroup Global Markets Inc., Deutsche Bank Securities, Inc., JMP Securities LLC, Technical Olympic USA, Inc., Antonio P. Mon, David J. Keller, Randy L. Kotler. (Attachments: # 1 Text of Proposed Order Proposed Order)(Brener, Richard) (Entered: 12/14/2007)

12/17/2007 93 ORDER granting 92 Motion for Extension of Time to File, granting 92 Motion for Leave to File Excess Pages. Motion to dismiss due on or before 1/30/08. Signed by Judge Kenneth A. Marra on 12/17/07. (ir) (Entered: 12/17/2007)

12/19/2007 Notice of Undeliverable Mail re 93 Order on Motion for Extension of Time to File, Order on Motion for Leave to File Excess Pages Email returned for: David A. Rosenfeld Resolved by: Called attorneys' office, Jennifer provided a new email address. Email address has been updated in the user account. NEF was resent. (mc) (Entered: 12/19/2007)

12/21/2007 94 NOTICE by UBS Securities LLC, Citigroup Global Markets Inc., Deutsche Bank Securities, Inc., JMP Securities LLC of Appearance as Counsel (Nichols, Tracy) (Entered: 12/21/2007)

12/21/2007 95 NOTICE of Attorney Appearance by Tracy Ann Nichols on behalf of UBS Securities LLC, Citigroup Global Markets Inc., Deutsche Bank Securities, Inc., JMP Securities LLC [See Image at DE #94](ls) (Entered: 12/27/2007)

12/27/2007 96 NOTICE of Docket Correction and Instruction to Filer: re 94 Notice (Other) filed by Citigroup Global Markets Inc.,, UBS Securities LLC,, Deutsche Bank Securities, Inc.,, JMP Securities LLC, Error: Wrong Event Selected; Correction=Redocketed as Notice of Attorney Appearance. Instruction to Filer=In the future please select the proper Event; (ls) (Entered: 12/27/2007)

01/08/2008 97 NOTICE of Attorney Appearance by Brian Joseph Stack on behalf of I Beatriz L. Koltis (Stack, Brian) (Entered: 01/08/2008)

01/08/2008 98 MOTION for Limited Admission by Beatriz L. Koltis. (Stack, Brian) (Entered: 01/08/2008)

01/09/2008 99 NOTICE of Instruction to Filer Regarding Pro Hac Vice Motion. Pursuant to 2B in the Administrative Procedures, a motion to make a limited appearance must be filed in the conventional manner along with the applicable filing fee. LOCAL COUNSEL IS INSTRUCTED TO 1. FILE A NOTICE TO STRIKE DE# 98 MOTION for Limited Admission filed by Beatriz L. Koltis, AND 2. CONVENTIONALLY FILE AN

ORIGINAL MOTION TO MAKE A LIMITED APPEARANCE ALONG WITH THE APPLICABLE FILING FEE. (ls) (Entered: 01/09/2008)

01/10/2008 100 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing for Bruce A. Ericson, Jacob R. Sorensen, and Lindsay Lutz, Filing Fee $75 Receipt #972973, Filing Fee $75 Receipt #972974, Filing Fee $75 Receipt #972975. (cw) (Entered: 01/11/2008)

01/14/2008 101 ENDORSED ORDER granting 98 Motion for Limited Admission, granting 100 Bruce Ericson, Jacob R. Sorensen and Lindsay Lutz Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Kenneth A. Marra on 1/14/08. (ir) (Entered: 01/14/2008)

01/30/2008 102 Defendant's MOTION to Dismiss 85 Amended Complaint and Supporting Memorandum of Law by Technical Olympic USA, Inc.. Responses due by 2/13/2008 (Ackerman, David) (Entered: 01/30/2008)

01/30/2008 103 Defendant's MOTION to Dismiss 85 Amended Complaint by David J. Keller. Responses due by 2/13/2008 (Wakshlag, Stanley) (Entered: 01/30/2008)

01/30/2008 104 Defendant's MOTION for Hearing re 103 Defendant's MOTION to Dismiss 85 Amended Complaint by David J. Keller. (Wakshlag, Stanley) (Entered: 01/30/2008)

01/30/2008 105 MOTION to Dismiss 85 Amended Complaint and Memorandum in Support by Randy L. Kotler. Responses due by 2/13/2008 (Attachments: # 1 Text of Proposed Order)(Lerner, Allan) (Entered: 01/30/2008)

01/30/2008 106 MOTION to Dismiss 85 Amended Complaint and Supporting Memorandum of Law by Antonio P. Mon. Responses due by 2/13/2008 (Attachments: # 1 Text of Proposed Order)(McSorley, Joseph) (Entered: 01/30/2008)

01/30/2008 107 MOTION to Dismiss 85 Amended Complaint and Supporting Memorandum of Law by UBS Securities LLC, Citigroup Global Markets Inc., Deutsche Bank Securities, Inc., JMP Securities LLC. Responses due by 2/13/2008 (Attachments: # 1 Exhibit 1# 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# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15)(Nichols, Tracy) (Entered: 01/30/2008)

01/30/2008 108 Defendant's MOTION to Dismiss 85 Amended Complaint by Beatriz L. Koltis. Responses due by 2/13/2008 (Crockett, Denise) (Entered: 01/30/2008)

01/30/2008 109 APPENDIX to 102 Defendant's MOTION to Dismiss 85 Amended

Complaint and Supporting Memorandum of Law by Technical Olympic USA, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2-A# 3 Exhibit 2-B# 4 Exhibit 2-C# 5 Exhibit 3# 6 Exhibit 4# 7 Exhibit 5# 8 Exhibit 6# 9 Exhibit 7-A# 10 Errata 7-B# 11 Exhibit 7-C# 12 Errata 8# 13 Exhibit 9# 14 Exhibit 10-A# 15 Exhibit 10-B# 16 Exhibit 10-C# 17 Exhibit 10-D# 18 Exhibit 11# 19 Exhibit 12# 20 Exhibit 13# 21 Exhibit 14# 22 Exhibit 15# 23 Exhibit 16# 24 Exhibit 17# 25 Exhibit 18# 26 Errata 19# 27 Exhibit 20# 28 Exhibit 21# 29 Exhibit 22# 30 Errata 23# 31 Exhibit 24# 32 Errata 25# 33 Exhibit 26# 34 Exhibit 27# 35 Exhibit 28# 36 Exhibit 29# 37 Exhibit 30# 38 Exhibit 31-A# 39 Errata 31-B# 40 Exhibit 31-C# 41 Exhibit 31-D# 42 Exhibit 30-E# 43 Exhibit 30-F# 44 Exhibit 31-G# 45 Exhibit 32# 46 Exhibit 33# 47 Exhibit 34# 48 Exhibit 35# 49 Exhibit 36# 50 Errata 37-A# 51 Exhibit 37-B# 52 Exhibit 37-C# 53 Exhibit 37-D# 54 Exhibit 38)(Ackerman, David) (Entered: 01/30/2008)

01/30/2008 110 NOTICE by Technical Olympic USA, Inc. re 102 Defendant's MOTION to Dismiss 85 Amended Complaint and Supporting Memorandum of Law of Request for Oral Argument (Ackerman, David) Modified on 1/31/2008 (ls). "Wrong Event Used, Re-docketed as Entry 111 ; Motion for Hearing". (Entered: 01/30/2008)

01/30/2008 111 MOTION for Hearing/Oral Argument re 102 Defendant's MOTION to Dismiss 85 Amended Complaint and Supporting Memorandum of Law by Technical Olympic USA, Inc.. [See Image at DE #110] (ls) (Entered: 01/31/2008)

01/31/2008 112 NOTICE of Docket Correction and Instruction to Filer: re 110 Notice (Other) filed by Technical Olympic USA, Inc., Error: Wrong Event Selected; Correction=Redocketed as Motion for Hearing. Instruction to Filer=In the future please select the proper Event; (ls) (Entered: 01/31/2008)

01/31/2008 113 MOTION for Hearing re 105 MOTION to Dismiss 85 Amended Complaint and Memorandum in Support by Randy L. Kotler. (Attachments: # 1 Text of Proposed Order)(Lerner, Allan) (Entered: 01/31/2008)

02/04/2008 114 NOTICE by Technical Olympic USA, Inc. of Suggestion of Bankruptcy (Attachments: # 1 Exhibit Voluntary BR Petition)(Ackerman, David) Modified on 2/5/2008 (ls). "Wrong Event Used, Re-docketed as Entry 115 ; Suggestion of Bankruptcy". (Entered: 02/04/2008)

02/04/2008 115 SUGGESTION OF BANKRUPTCY as to TOUSA, Inc. by Technical Olympic USA, Inc.. [See Image at DE #114] (ls) (Entered: 02/05/2008)

02/05/2008 116 NOTICE of Docket Correction and Instruction to Filer: re 114 Notice (Other) filed by Technical Olympic USA, Inc., Error: Wrong Event Selected; Correction=Redocketed as Suggestion of Bankruptcy.

Instruction to Filer=In the future please select the proper Event; under "Other Filings" "Other Documents". (ls) (Entered: 02/05/2008)

02/05/2008 117 ORDER as to Defendant Tousa, IncSigned by Judge Kenneth A. Marra on 2/5/08.(ail) (Entered: 02/05/2008)

02/29/2008 118 WAIVER OF SERVICE Returned Executed by Diamondback Capital Management LLC. Konstantinos Stengos waiver sent on 1/28/2008, answer due 3/28/2008; Andreas Stengos waiver sent on 1/28/2008, answer due 3/28/2008; Marianna Stengou waiver sent on 1/28/2008, answer due 3/28/2008; George Stengos waiver sent on 1/28/2008, answer due 3/28/2008; Technical Olympic SA waiver sent on 1/28/2008, answer due 3/28/2008. (Vianale, Julie) (Entered: 02/29/2008)

03/21/2008 119 MOTION to Dismiss 85 Amended Complaint / the Consolidated Class Action Complaint and Memorandum of Law In Support by Konstantinos Stengos, Andreas Stengos, Marianna Stengou, George Stengos, Technical Olympic SA. Responses due by 4/4/2008 (Anania, Francis) (Entered: 03/21/2008)

03/21/2008 120 MOTION for Hearing re 119 MOTION to Dismiss 85 Amended Complaint / the Consolidated Class Action Complaint and Memorandum of Law In Support / Request for Oral Arugment by Konstantinos Stengos, Andreas Stengos, Marianna Stengou, George Stengos, Technical Olympic SA. (Anania, Francis) (Entered: 03/21/2008)

04/14/2008 121 Agreed MOTION for Extension of Time to File Responses to Motions to Dismiss by Diamondback Capital Management LLC. (Attachments: # 1 Proposed Order)(Vianale, Julie) (Entered: 04/14/2008)

04/15/2008 122 ORDER granting 121 Motion for Extension of Time to File Responses to Motions to Dismiss. Response due 5/2/08.Signed by Judge Kenneth A. Marra on 4/15/08. (ir) (Entered: 04/15/2008)

04/15/2008 Reset Deadlines as to 105 MOTION to Dismiss 85 Amended Complaint and Memorandum in Support , 107 MOTION to Dismiss 85 Amended Complaint and Supporting Memorandum of Law , 108 Defendant's MOTION to Dismiss 85 Amended Complaint, 106 MOTION to Dismiss 85 Amended Complaint and Supporting Memorandum of Law , 119 MOTION to Dismiss 85 Amended Complaint / the Consolidated Class Action Complaint and Memorandum of Law In Support , 103 Defendant's MOTION to Dismiss 85 Amended Complaint. Responses due by 5/2/2008 (ir) (Entered: 04/15/2008)

04/30/2008 123 MOTION for Extension of Time to File Response as to 105 MOTION to Dismiss 85 Amended Complaint and Memorandum in Support , 108 Defendant's MOTION to Dismiss 85 Amended Complaint, 119 MOTION to Dismiss 85 Amended Complaint / the Consolidated Class Action

Complaint and Memorandum of Law In Support , 106 MOTION to Dismiss 85 Amended Complaint and Supporting Memorandum of Law , 107 MOTION to Dismiss 85 Amended Complaint and Supporting Memorandum of Law , 103 Defendant's MOTION to Dismiss 85 Amended Complaint, MOTION Withdraw as Lead Plaintiff by Diamondback Capital Management LLC. (Attachments: # 1 Exhibit A# 2 Proposed Order)(Vianale, Julie) (Entered: 04/30/2008)

05/01/2008 124 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Matthew Papez, Filing Fee $75, Receipt #724089. (cw) (Entered: 05/05/2008)

05/01/2008 125 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Daniel T. Donovan, Filing Fee $75, Receipt #724089. (cw) (Entered: 05/05/2008)

05/06/2008 126 ENDORSED ORDER granting Matthew Papez 124 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings, granting Daniel T. Donovan 125 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Kenneth A. Marra on 5/6/08. (ir) (Entered: 05/06/2008)

05/07/2008 127 NOTICE by Technical Olympic USA, Inc. of Withdrawal of Counsel (Pro Hac Vice - Zhonette M. Brown) (Ackerman, David) (Entered: 05/07/2008)

05/07/2008 128 ORDER Setting Hearing on Motion 123 MOTION for Extension of Time to File Response as to 105 MOTION to Dismiss 85 Amended Complaint and Memorandum in Support , 108 Defendant's MOTION to Dismiss 85 Amended Complaint, 119 MOTION to Dismiss 85 Amended Complaint MOTION to Withdraw as Lead Plaintiff MOTION Withdraw as Lead Plaintiff MOTION Withdraw as Lead Plaintiff: Motion Hearing set for 5/21/2008 01:30 PM in West Palm Beach Division before Judge Kenneth A. Marra.Signed by Judge Kenneth A. Marra on 5/6/08.(ir) (Entered: 05/07/2008)

05/08/2008 Attorney Zhonette M. Brown terminated. Sent terminated attorney(s) instructions for tracking future case activity. **Per Notice at DE # 127 ** (gp) (Entered: 05/08/2008)

05/09/2008 129 Unopposed Verified MOTION to Allow Pro Hac Vice Admission of Peter A. Spaeth by Defendants Andreas Stengos, George Stengos, Konstantinos Stengos, Marianna Stengou and Technical Olympic, S.A., Filing Fee $75, Receipt #724127. (cw) (Entered: 05/12/2008)

05/09/2008 130 Unopposed Verified MOTION to Allow Pro Hac Vice Admission of Ariel I. Raphael by Defendants Andreas Stengos, George Stengos, Konstantinos Stengos, Marianna Stengou and Technical Olympic, S.A., Filing Fee $75,

Receipt #724129. (cw) (Entered: 05/12/2008)

05/09/2008 131 Unopposed Verified MOTION to Allow Pro Hac Vice Admission of Michael G. Bongiorno by Defendants Andreas Stengos, George Stengos, Konstantinos Stengos, Marianna Stengou and Technical Olympic, S.A., Filing Fee $75, Receipt #724128. (cw) (Entered: 05/12/2008)

05/13/2008 132 ORDER granting Peter A. Spaeth 129 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Kenneth A. Marra on 5/13/08. (ir) (Entered: 05/13/2008)

05/13/2008 133 ORDER granting Ariel Raphael 130 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Kenneth A. Marra on 5/13/08. (ir) (Entered: 05/13/2008)

05/13/2008 134 ORDER granting Michael Bongiorno 131 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Kenneth A. Marra on 5/13/08. (ir) (Entered: 05/13/2008)

05/16/2008 135 RESPONSE to Motion re 123 MOTION for Extension of Time to File Response as to 105 MOTION to Dismiss 85 Amended Complaint and Memorandum in Support , 108 Defendant's MOTION to Dismiss 85 Amended Complaint, 119 MOTION to Dismiss 85 Amended Complaint / t MOTION Withdraw as Lead Plaintiff MOTION Withdraw as Lead Plaintiff MOTION Withdraw as Lead Plaintiff filed by Konstantinos Stengos, Andreas Stengos, Beatriz L. Koltis, Marianna Stengou, George Stengos, Technical Olympic SA, Antonio P. Mon, David J. Keller, Randy L. Kotler. Replies due by 5/23/2008. (Stack, Brian) (Entered: 05/16/2008)

05/19/2008 136 MOTION For Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel by Central Laborers' Pension Fund. (Attachments: # 1 Text of Proposed Order)(Robbins, Robert) - Modified re: Capital Letters on 5/20/2008 (gp). (Entered: 05/19/2008)

05/19/2008 137 MEMORANDUM OF LAW IN SUPPORT of Motion re: 136 Motion For Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel by Central Laborers' Pension Fund. (Robbins, Robert) - Modified to relationship/linkage to Motion on 5/20/2008 (gp). (Entered: 05/19/2008)

05/19/2008 138 AFFIDAVIT signed by : ROBERT J. ROBBINS. re 136 MOTION For Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel by Central Laborers' Pension Fund. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Robbins, Robert) - Modified re: Capital Letters on 5/20/2008 (gp). (Entered: 05/19/2008)

05/19/2008 141 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Bridget K. O'Connor, Filing Fee $75, Receipt #724171. (cw) (Entered: 05/20/2008)

05/20/2008 139 NOTICE by Central Laborers' Pension Fund of Filing Corrected Exhibit B to the Declaration of Robert J. Robbins in Support of the Renewed Motion for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel (Attachments: # 1 Exhibit)(Robbins, Robert) - Modified re: Capital Letters on 5/21/2008 (gp). (Entered: 05/20/2008)

05/20/2008 140 NOTICE of Docket Correction and Instruction to Filer: re 137 Memorandum of Law, filed by Central Laborers' Pension Fund. Error: Wrong Event Selected; Instruction to Filer=In the future please select the proper Event: "Memorandum in Support" found under Responses and Replies.- Corrected by Adding relationship/linkage to Motion. (gp) (Entered: 05/20/2008)

05/21/2008 142 ORDER granting Bridget K. O'Connor 141 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Kenneth A. Marra on 5/20/08. (ir) (Entered: 05/21/2008)

05/21/2008 143 Minute Entry for proceedings held before Judge Kenneth A. Marra : Motion Hearing held on 5/21/2008 re 106 MOTION to Dismiss 85 Amended Complaint and Supporting Memorandum of Law filed by Antonio P. Mon. Court Reporter: Stephen Franklin- phone number 561- 514-3768 (ir) (Entered: 05/21/2008)

05/22/2008 144 ORDER granting 123 Motion to Withdraw as Lead Plaintiff, for Extension of Time to Respond to Defendant's Motions to Dismiss and to Establish Procedure for Appointment of a New Lead Plaintiff.Signed by Judge Kenneth A. Marra on 5/22/08. (ir) (Entered: 05/22/2008)

06/06/2008 145 MOTION to Appoint Lead Plaintiff Central Laborers Pension Fund, MOTION to Appoint Lead Counsel Coughlin Stoia Geller Rudman & Robbins LLP by Central Laborers' Pension Fund. Responses due by 6/23/2008 (Attachments: # 1 Text of Proposed Order)(Robbins, Robert) Modified entry by removing the word "Defendant's" before the word Motion on 6/6/2008 (wc). (Entered: 06/06/2008)

06/06/2008 146 MEMORANDUM in Support re 145 MOTION to Appoint Lead Plaintiff Central Laborers Pension Fund MOTION to Appoint Lead Counsel Coughlin Stoia Geller Rudman & Robbins LLP filed by Central Laborers' Pension Fund. (Robbins, Robert) Modified text on 6/6/2008 (wc). (Entered: 06/06/2008)

06/06/2008 147 AFFIDAVIT signed by : Robert J. Robbins. re 145 MOTION to Appoint Lead Plaintiff Central Laborers Pension Fund MOTION to Appoint Lead

Counsel Coughlin Stoia Geller Rudman & Robbins LLP by Central Laborers' Pension Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Robbins, Robert) Modified text on 6/6/2008 (wc). (Entered: 06/06/2008)

06/06/2008 148 MOTION to Appoint Lead Plaintiff Bricklayers & Trowel Trades International Pension Fund by Bricklayers & Trowel Trades International Pension Fund. Responses due by 6/23/2008 (Attachments: # 1 Text of Proposed Order)(Barker, Chris) (Entered: 06/06/2008)

06/06/2008 149 MEMORANDUM OF LAW in Support of Appointment of Bricklayers as Lead Plaintiff, Approval of its Choice of Lead Counsel, and in Opposition to the Competing Motion of Central Laborers by Bricklayers & Trowel Trades International Pension Fund. (Barker, Chris) (Entered: 06/06/2008)

06/06/2008 150 AFFIDAVIT signed by : David Stupar. re 149 Memorandum of Law, 148 MOTION to Appoint Lead Plaintiff Bricklayers & Trowel Trades International Pension Fund and in Opposition to Competing Motion of Central Laborers by Bricklayers & Trowel Trades International Pension Fund. (Barker, Chris) (Entered: 06/06/2008)

06/11/2008 151 NOTICE of Change of Address by Joseph F McSorley (gp) (Entered: 06/12/2008)

06/12/2008 152 TRANSCRIPT of Hearing held on 5/21/08 before Judge Kenneth A. Marra. Court Reporter: Stephen Franklin- phone number 561-514-3768 1- 20 pages.. (nc) (Entered: 06/12/2008)

06/23/2008 153 MEMORANDUM in Opposition re 145 MOTION to Appoint Lead Plaintiff Central Laborers Pension Fund MOTION to Appoint Lead Counsel Coughlin Stoia Geller Rudman & Robbins LLP and in Support of Bricklayers' Renewed Motion for Appointment as Lead Plaintiff andfor Approval of Choice of Lead Counsel 148 filed by Bricklayers & Trowel Trades International Pension Fund. (Barker, Chris) (Entered: 06/23/2008)

06/23/2008 RESPONSE to Motion re 148 MOTION to Appoint Lead Plaintiff Bricklayers & Trowel Trades International Pension Fund, 145 MOTION to Appoint Lead Plaintiff Central Laborers Pension Fund MOTION to Appoint Lead Counsel Coughlin Stoia Geller Rudman & Robbins LLP filed by Konstantinos Stengos, Andreas Stengos, Beatriz L. Koltis, Marianna Stengou, George Stengos, Technical Olympic SA, Antonio P. Mon, David J. Keller, Randy L. Kotler. Replies due by 7/3/2008. (Stack, Brian) (Entered: 06/23/2008)

06/23/2008 154 RESPONSE to Motion re 148 MOTION to Appoint Lead Plaintiff Bricklayers & Trowel Trades International Pension Fund, 145 MOTION to Appoint Lead Plaintiff Central Laborers Pension Fund MOTION to Appoint Lead Counsel Coughlin Stoia Geller Rudman & Robbins LLP

filed by Konstantinos Stengos, Andreas Stengos, Beatriz L. Koltis, Marianna Stengou, George Stengos, Technical Olympic SA, Antonio P. Mon, David J. Keller, Randy L. Kotler. Replies due by 7/3/2008. (Stack, Brian) (Entered: 06/23/2008)

06/23/2008 155 MEMORANDUM in Opposition re 148 MOTION to Appoint Lead Plaintiff Bricklayers & Trowel Trades International Pension Fund filed by Central Laborers' Pension Fund. (Attachments: # 1 Exhibit A)(Robbins, Robert) (Entered: 06/23/2008)

06/24/2008 156 NOTICE of Instruction to Filer: re 155 Memorandum in Opposition filed by Central Laborers' Pension Fund. Error: Document Title (Memorandum in Support) Does Not Match Event (Memorandum in Opposition) Selected; Instruction to Filer=File a Notice of Striking Docket Entry and Refile the Document correctly. (gp) (Entered: 06/24/2008)

06/25/2008 157 NOTICE of Striking 155 Memorandum in Opposition filed by Central Laborers' Pension Fund pursuant to Clerk's Notice of Instruction to Filer by Central Laborers' Pension Fund (Robbins, Robert) (Entered: 06/25/2008)

06/25/2008 158 MEMORANDUM in Support re 145 MOTION to Appoint Lead Plaintiff Central Laborers Pension Fund MOTION to Appoint Lead Counsel Coughlin Stoia Geller Rudman & Robbins LLP filed by Central Laborers' Pension Fund. (Attachments: # 1 Exhibit A)(Robbins, Robert) (Entered: 06/25/2008)

07/03/2008 159 REPLY to Response to Motion re 148 MOTION to Appoint Lead Plaintiff Bricklayers & Trowel Trades International Pension Fund filed by Bricklayers & Trowel Trades International Pension Fund. (Attachments: # 1 Exhibit A)(Barker, Chris) (Entered: 07/03/2008)

07/15/2008 160 ORDER denying 136 MOTION for appointment as lead plaintiff; denying 145 MOTION to Appoint Lead Plaintiff; granting 148 MOTION to Appoint Lead Plaintiff Bricklayers & Trowel Trades International Pension Fund. Signed by Judge Kenneth A. Marra on 7/15/08. (ir) (Entered: 07/15/2008)

07/30/2008 161 NOTICE by Bricklayers & Trowel Trades International Pension Fund of Intent to File Amended Complaint (Barker, Chris) (Entered: 07/30/2008)

07/31/2008 162 ORDER denying as moot 103 Motion to Dismiss; denying as moot 104 Motion for Hearing; denying as moot 105 Motion to Dismiss; denying as moot 106 Motion to Dismiss; denying as moot 107 Motion to Dismiss; denying as moot 108 Motion to Dismiss; denying as moot 113 Motion for Hearing; denying as moot 119 Motion to Dismiss; denying as moot 120 Motion for Hearing. Signed by Judge Kenneth A. Marra on 7/30/08. (ir) (Entered: 07/31/2008)

08/22/2008 163 Unopposed MOTION for Extension of Time to Amend and a Briefing Schedule for the Defendants' Forthcoming Motions To Dismiss by Bricklayers & Trowel Trades International Pension Fund. Responses due by 9/11/2008 (Attachments: # 1 Text of Proposed Order)(Barker, Chris) (Entered: 08/22/2008)

08/25/2008 164 ORDER granting 163 Motion for Extension of Time to file its Amended Complaint. Amended Complaint due 9/19/08. Signed by Judge Kenneth A. Marra on 8/25/08. (ir) (Entered: 08/25/2008)

08/27/2008 165 NOTICE by Antonio P. Mon Notice of Withdrawal of Counsel (McSorley, Joseph) (Entered: 08/27/2008)

08/27/2008 166 Defendant Antonio Mon's MOTION to Admit James E. Anklam Pro Hac Vice, Filing Fee $75.00, Receipt #724655. (cw) (Entered: 09/02/2008)

08/28/2008 Attorney Joseph F. McSorley terminated. **Per Notice at DE # 165 ** (gp) -Modified to reinstate Attorney, terminated in error on 9/15/2008 (gp). (Entered: 08/28/2008)

09/03/2008 167 ENDORSED ORDER granting James E. Anklam 166 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Kenneth A. Marra on 9/2/08. (ir) (Entered: 09/03/2008)

09/08/2008 168 MOTION to Appear Pro Hac Vice for Jeffrey M. Haber and Gregory M. Egleston, Filing Fee $150, Receipt #724705. (cw) (Entered: 09/13/2008)

09/12/2008 169 Letter from Ailease Bullard for Paul Hastings Janofsky & Walker LLP re James T. Hubler. (cw) (Entered: 09/15/2008)

09/15/2008 170 CLERK'S NOTICE re 169 Letter from Ailease Bullard for Paul Hastings Janofsky & Walker LLP re James T. Hubler. Please note that a proper pleading seeking the change of attorney you request in your letter must be filed in this case. (cw) (Entered: 09/15/2008)

09/15/2008 Attorney James T. Hubler terminated. Notice of Termination delivered by US Mail to James Hubler. **Per Notice at DE # 165 ** (gp) (Entered: 09/15/2008)

09/15/2008 171 Clerks Notice of Docket Correction re Terminate Attorneys. Error(s): Attroney Joseph F. McSorley terminated in error ; Correction - Attorney has been re-instated. (gp) (Entered: 09/15/2008)

09/15/2008 172 NOTICE OF UNAVAILABILITY by Randy L. Kotler for dates of September 18, 2008 through October 5, 2008, inclusive (Lerner, Allan) (Entered: 09/15/2008)

09/16/2008 173 ENDORSED ORDER granting Jeffrey Haber and Gregory Egleston 168 Motion for Limited Appearance, Consent to Designation and Request to

Electronically Receive Notices of Electronic Filings. Signed by Judge Kenneth A. Marra on 9/15/08. (ir) (Entered: 09/16/2008)

09/19/2008 174 AMENDED COMPLAINT, filed by Bricklayers & Trowel Trades International Pension Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Barker, Chris) (Entered: 09/19/2008)

11/20/2008 175 Unopposed MOTION for Leave to File Excess Pages by Antonio P. Mon. (Attachments: # 1 Text of Proposed Order)(McSorley, Joseph) (Entered: 11/20/2008)

11/21/2008 176 MOTION to Dismiss 174 Amended Complaint by David J. Keller. Responses due by 12/11/2008 (Wakshlag, Stanley) (Entered: 11/21/2008)

11/21/2008 177 MOTION to Dismiss 174 Amended Complaint by Randy L. Kotler. Responses due by 12/11/2008 (Attachments: # 1 Text of Proposed Order)(Lerner, Allan) (Entered: 11/21/2008)

11/21/2008 178 MOTION for Hearing re 177 MOTION to Dismiss 174 Amended Complaint by Randy L. Kotler. (Attachments: # 1 Text of Proposed Order)(Lerner, Allan) (Entered: 11/21/2008)

11/21/2008 179 MOTION to Dismiss 174 Amended Complaint by Antonio P. Mon. Responses due by 12/11/2008 (Attachments: # 1 Text of Proposed Order)(McSorley, Joseph) (Entered: 11/21/2008)

11/21/2008 180 APPENDIX to 179 MOTION to Dismiss 174 Amended Complaint by Antonio P. Mon. (Attachments: # 1 Appendix A, # 2 Appendix B part 1a, # 3 Appendix B part 1b, # 4 Appendix B part 2, # 5 Appendix B part 3, # 6 Appendix B part 4, # 7 Appendix B part 5, # 8 Appendix B part 6, # 9 Appendix C part 1a, # 10 Appendix C part 1b, # 11 Appendix C part 2, # 12 Appendix C part 3, # 13 Appendix D, # 14 Appendix E, # 15 Appendix F, # 16 Appendix G, # 17 Appendix H, # 18 Appendix I, # 19 Appendix J, # 20 Appendix K, # 21 Appendix L, # 22 Appendix M part 1, # 23 Appendix M part 2, # 24 Appendix M part 3, # 25 Appendix M part 4, # 26 Appendix N, # 27 Appendix O, # 28 Appendix P, # 29 Appendix Q, # 30 Appendix R, # 31 Appendix S, # 32 Appendix T, # 33 Appendix U part 1, # 34 Appendix U part 2, # 35 Appendix U part 3)(McSorley, Joseph) (Entered: 11/21/2008)

11/21/2008 181 Defendant's MOTION for Hearing re 179 MOTION to Dismiss 174 Amended Complaint by Antonio P. Mon. (McSorley, Joseph) (Entered: 11/21/2008)

11/24/2008 182 ORDER granting 175 Motion for Leave to File Excess Pages. Signed by Judge Kenneth A. Marra on 11/23/2008. (ir) (Entered: 11/24/2008)

12/16/2008 183 Summons Issued as to Tommy L. McAden. (tas) (Entered: 12/16/2008)

01/22/2009 184 Unopposed MOTION for Extension of Time to File Response as to 179

01/26/2009 185

MOTION to Dismiss 174 Amended Complaint, 176 MOTION to Dismiss 174 Amended Complaint, 177 MOTION to Dismiss 174 Amended Complaint by Bricklayers & Trowel Trades International Pension Fund. (Barker, Chris) (Entered: 01/22/2009)

ENDORSED ORDER granting 184 Motion for Extension of Time to Respond re 176 MOTION to Dismiss 174 Amended Complaint, 179 MOTION to Dismiss 174 Amended Complaint, 177 MOTION to Dismiss 174 Amended Complaint. Responses due by 3/24/2009. Replies due by 4/28/2009. Signed by Judge Kenneth A. Marra on 1/23/2009. (ir) (Entered: 01/26/2009)

02/03/2009 186 MOTION for Extension of Time to File Response as to 174 Amended Complaint by Tommy L. McAden. (Attachments: # 1 Text of Proposed Order)(Markofsky, Lisa) (Entered: 02/03/2009)

02/05/2009 187 ENDORSED ORDER granting 186 Motion for Extension of Time to Answer Amended Complaint. Tommy L. McAden response due 3/2/2009. Signed by Judge Kenneth A. Marra on 2/4/2009. (ir) (Entered: 02/05/2009)

02/06/2009 188 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing for John D. Roesser, Filing Fee $75.00, Receipt #545409. (cw) (Entered: 02/06/2009)

02/10/2009 189 ENDORSED ORDER granting John Roesser 188 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Kenneth A. Marra on 2/10/2009. (ir) (Entered: 02/10/2009)

03/02/2009 190 MOTION to Dismiss 174 Amended Complaint and Memorandum ofLaw in Support by Tommy L. McAden. Responses due by 3/19/2009 (Attachments: # 1 Exhibit A)(Markofsky, Lisa) (Entered: 03/02/2009)

03/02/2009 191 MOTION for Hearing re 190 MOTION to Dismiss 174 Amended Complaint and Memorandum of Law in Support by Tommy L. McAden. (Markofsky, Lisa) (Entered: 03/02/2009)

03/13/2009

192 CERTIFICATE OF SERVICE by Bricklayers & Trowel Trades International Pension Fund re 183 Summons Issued (Barker, Chris) (Entered: 03/13/2009)

03/13/2009

193 CERTIFICATE OF SERVICE by Bricklayers & Trowel Trades International Pension Fund re 183 Summons Issued (Barker, Chris) (Entered: 03/13/2009)

03/13/2009 194 SUMMONS (Affidavit) Returned Executed by Bricklayers & Trowel Trades International Pension Fund. Tommy L. McAden served on 1/6/2009 by serving Elena Martinez, Secretary answer due 1/26/2009. See

DE 192 for image (tp) (Entered: 03/16/2009)

03/13/2009 195 SUMMONS (Affidavit) Returned Executed on Tommy Mcaden by serving his wife by Bricklayers & Trowel Trades International Pension Fund. (tp) (Entered: 03/16/2009)

03/16/2009 196 Clerks Notice of Docket Correction and Instruction to Filer re 192 Certificate of Service filed by Bricklayers & Trowel Trades International Pension Fund, 193 Certificate of Service filed by Bricklayers & Trowel Trades International Pension Fund. Error - Wrong Event Selected ; Correction - Redocketed by Clerk as "Summones Returned Executed" Please remember to attach a copy of the Summons with the Return. Instruction to Filer - In the future, please select the proper event. It is not necessary to refile this document. (tp) (Entered: 03/16/2009)

03/24/2009 197 RESPONSE in Opposition re 190 MOTION to Dismiss 174 Amended Complaint and Memorandum of Law in Support , 179 MOTION to Dismiss 174 Amended Complaint, 176 MOTION to Dismiss 174 Amended Complaint, 177 MOTION to Dismiss 174 Amended Complaint filed by Bricklayers & Trowel Trades International Pension Fund. (Attachments: # 1 Declaration of Gregory M. Egleston in Support of Plaintiff's Opposition to Defendants' Motions to Dismiss, # 2 Exhibit A to Declaration of Gregory M. Egleston, # 3 Exhibit B to Declaration of Gregory M. Egleston)(Barker, Chris) (Entered: 03/24/2009)

04/24/2009 198 Unopposed MOTION for Extension of Time to File Reply as to 197 Response in Opposition to Motion,, and for Enlargement of Page Limit by Antonio P. Mon. (Attachments: # 1 Text of Proposed Order)(McSorley, Joseph) (Entered: 04/24/2009)

04/27/2009 199 ENDORSED ORDER granting 198 Motion for Extension of Time to Reply re 190 MOTION to Dismiss 174 Amended Complaint and Memorandum of Law in Support , 176 MOTION to Dismiss 174 Amended Complaint, 179 MOTION to Dismiss 174 Amended Complaint, 177 MOTION to Dismiss 174 Amended Complaint. Replies due by 5/13/2009. Signed by Judge Kenneth A. Marra on 4/24/2009. (ir) (Entered: 04/27/2009)

05/13/2009 200 REPLY to Response to Motion re 103 Defendant's MOTION to Dismiss 85 Amended Complaint, 176 MOTION to Dismiss 174 Amended Complaint filed by David J. Keller. (Wakshlag, Stanley) (Entered: 05/13/2009)

05/13/2009 201 RESPONSE to Motion re 105 MOTION to Dismiss 85 Amended Complaint and Memorandum in Support filed by Randy L. Kotler. Replies due by 5/26/2009. (Lerner, Allan) (Entered: 05/13/2009)

05/13/2009 202 REPLY to Response to Motion re 190 MOTION to Dismiss 174 Amended

Complaint and Memorandum of Law in Support filed by Tommy L. McAden. (Markofsky, Lisa) (Entered: 05/13/2009)

05/13/2009 203 REPLY to Response to Motion re 179 MOTION to Dismiss 174 Amended Complaint filed by Antonio P. Mon. (McSorley, Joseph) (Entered: 05/13/2009)

05/13/2009 204 APPENDIX to 179 MOTION to Dismiss 174 Amended Complaint, 180 Appendix,,, Amending 180 and Affiliated With Reply 208 by Antonio P. Mon. (Attachments: # 1 Appendix V, # 2 Appendix W)(McSorley, Joseph) (Entered: 05/13/2009)

05/14/2009 205 REPLY to Response to Motion re 177 MOTION to Dismiss 174 Amended Complaint Amended to correct reply link to docket entry only filed by Randy L. Kotler. (Lerner, Allan) (Entered: 05/14/2009)

05/18/2009 206 MOTION to Withdraw as Attorney by Tracy Nichols. by UBS Securities LLC, Citigroup Global Markets Inc., Deutsche Bank Securities, Inc., JMP Securities LLC. Responses due by 6/5/2009 (Attachments: # 1 Text of Proposed Order Order Granting Motion to Withdraw)(Nichols, Tracy) (Entered: 05/18/2009)

05/19/2009 207 ENDORSED ORDER granting 206 Motion to Withdraw as Attorney. Attorney Tracy Ann Nichols terminated. Signed by Judge Kenneth A. Marra on 5/18/2009. (ir) (Entered: 05/19/2009)

07/06/2009 208 ORDER granting 178 Motion for Oral Argument; granting 181 Motion for Oral Argument; granting 191 Motion for Oral Argument. Signed by Judge Kenneth A. Marra on 7/6/2009. (tas) (Entered: 07/07/2009)

07/06/2009 Set /Hearings per DE 208 order: ORAL ARGUMENT on DE 176 , 177 , 179 , and 190 set for 8/5/2009 01:30 PM in West Palm Beach Division before Judge Kenneth A. Marra. (tas) (Entered: 07/07/2009)

08/05/2009 209 Minute Entry for proceedings held before Judge Kenneth A. Marra: Motion Hearing held on 8/5/2009 re 190 MOTION to Dismiss 174 Amended Complaint and Memorandum of Law in Support filed by Tommy L. McAden, 179 MOTION to Dismiss 174 Amended Complaint filed by Antonio P. Mon, 176 MOTION to Dismiss 174 Amended Complaint filed by David J. Keller, 177 MOTION to Dismiss 174 Amended Complaint filed by Randy L. Kotler. Court Reporter: Stephen Franklin, Phone: 561-514-3768 (ir) (Entered: 08/06/2009)

09/03/2009 210 TRANSCRIPT of Motion to Dismiss held on 08/05/2009 before Judge Kenneth A. Marra. Court Reporter: Stephen Franklin, Phone: 561-514- 3768. 1-97 pages. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 9/24/2009. Redacted

Transcript Deadline set for 10/5/2009. Release of Transcript Restriction set for 12/2/2009. (sf) (Entered: 09/03/2009)

09/21/2009

10/21/2009

10/22/2009

10/29/2009

211

OPINION AND ORDER granting 176 Motion to Dismiss; granting 177 Motion to Dismiss; granting 179 Motion to Dismiss; granting 190 Motion to Dismiss. Plaintiff shall file the Second Amended Complaint within thirty days of the date of entry of this Order. Signed by Judge Kenneth A. Marra on 9/21/2009. (ir) (Entered: 09/21/2009)

212 NOTICE by Bricklayers & Trowel Trades International Pension Fund of Intent Not to Amend (Barker, Chris) (Entered: 10/21/2009)

213 JUDGMENT in favor of the Defendants David J. Keller, Randy L. Kolter, Antonio B. Mon and Tommy L. McAden against the Lead Plaintiff Bricklayers & Trowel Trades International Pension Fund. This case is CLOSED. Signed by Judge Kenneth A. Marra on 10/22/2009. (ir) (Entered: 10/22/2009)

214 NOTICE OF APPEAL as to 211 Order on Motion to Dismiss,,,,,,, 213 Judgment, by Bricklayers & Trowel Trades International Pension Fund Filing fee $ 455.00. Within ten days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Barker, Chris) (Entered: 10/29/2009)

10/30/2009 Transmission of Notice of Appeal, Docket Sheet and Judgment and Order under appeal sent to US Court of Appeals re 214 Notice of Appeal, as to Bricklayers & Trowel Trades International Pension Fund (nc) (Entered: 10/30/2009)

11/04/2009 215 TRANSCRIPT INFORMATION FORM by Bricklayers & Trowel Trades International Pension Fund re 214 Notice of Appeal,. MTD hearing 08/05/09 - on file transcript(s) ordered. Order placed by Chris A. Barker. Email sent to Court Reporter Coordinator. (Barker, Chris) (Entered: 11/04/2009)

11/09/2009 216 Clerk's Notice of Receipt of Appeal Filing Fees received on 11/4/09, in the amount of $ 455.00 receipt number 1011309 re 214 Notice of Appeal, filed by Bricklayers & Trowel Trades International Pension Fund (nc) (Entered: 11/09/2009)

11/12/2009 217 NOTICE of Receipt of NOA Transmittal Letter from USCA on 11/4/09, Re: USCA Case Number:09-15595-JJ for 214 Notice of Appeal, filed by Bricklayers & Trowel Trades International Pension Fund. (nc) (Entered: 11/12/2009)

11/12/2009 218 NOTICE OF CROSS APPEAL by David J. Keller, Randy L. Kotler, Antonio P. Mon re 213 Judgment, 211 Opinion and Order. Filing fee $

455.00. Within ten days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. Appeal Record due by 12/15/2009. (McSorley, Joseph) Modified on 11/13/2009, by linking the appealing Judgment and Order to the Notice of Appeal (nc). (Entered: 11/12/2009)

11/12/2009 219 Clerk's Notice of Receipt of Appeal Filing Fees received on 11/12/09, in the amount of $ 455.00 receipt number 726598 re 218 Notice of Cross Appeal, filed by Randy L. Kotler, David J. Keller, Antonio P. Mon (nc) (Entered: 11/13/2009)

11/13/2009 220 Clerks Notice to Filer re 218 Notice of Cross Appeal,,. Document Not Linked ; ERROR - The filed document was not linked to the related docket entry. In the future when filing a Notice of Appeal, please link the appealing the judgment/order to the Notice of Appeal. The correction was made by the Clerk. It is not necessary to refile this document. (nc) (Entered: 11/13/2009)

11/13/2009 Transmission of Notice of Appeal, Docket Sheet,Judgment and Order under appeal sent to US Court of Appeals re 218 Notice of Cross Appeal, as to Antonio B. Mon, David J. Keller, and Randy L. Kotler (nc) (Entered: 11/13/2009)

11/25/2009 221 TRANSCRIPT INFORMATION FORM by David J. Keller, Randy L. Kotler, Antonio P. Mon re 218 Notice of Cross Appeal,,. No Transcript Requested. (McSorley, Joseph) (Entered: 11/25/2009)

12/02/2009 222 NOTICE of Receipt of NOA Transmittal Letter from USCA on 11/19/2009, re: USCA Case Number:09-15595-JJ for 218 Notice of Cross Appeal,, filed by Randy L. Kotler, David J. Keller, Antonio P. Mon. (jua) (Entered: 12/03/2009)

03/30/2010 223 ORDER of USCA GRANTING Appellee McAden's motion to dismiss this appeal in part as moot, as to him only. The appeal and cross-appeal shall otherwise continue unabated. Appellee McAden's alternative motion to adopt relevant portions of the other Appellees' briefs is DENIED AS MOOT as to 218 Notice of Cross Appeal,, filed by Randy L. Kotler, David J. Keller, Antonio P. Mon, 214 Notice of Appeal, filed by Bricklayers & Trowel Trades International Pension Fund. USCA #09- 15595-JJ (amb) (Entered: 03/30/2010)

04/12/2010 224 CERTIFICATE of Readiness transmitted to USCA (Atlanta Office) re 218 Notice of Cross Appeal,, filed by Randy L. Kotler, David J. Keller, Antonio P. Mon, 214 Notice of Appeal, filed by Bricklayers & Trowel Trades International Pension Fund. USCA #09-15595-JJ (amb) (Entered: 04/13/2010)

04/12/2010 225 Certified and Transmitted Record on Appeal to US Court of Appeals (Atlanta Office) Consisting of (6) Volumes of Pleadings, (3) Volumes of transcripts and (5) Accordion folders containing DE's 31,85,138,147,174,197,109 & 180 re 218 Notice of Cross Appeal,, 214 Notice of Appeal. USCA #09-15595-JJ (amb) (Entered: 04/13/2010)

03/24/2011 226 Appeal Record Returned: Consisting of (6) Volumes of Pleadings, (3) Volumes of Transcripts and (5) Accordion folders re 218 Notice of Cross Appeal,, 214 Notice of Appeal. USCA #09-15595-AA (amb) (Entered: 03/25/2011)

03/24/2011 227 MANDATE of USCA (certified copy) AFFIRM Judgment/ Order of the district court with courts opinion re 218 Notice of Cross Appeal,, filed by Randy L. Kotler, David J. Keller, Antonio P. Mon, 214 Notice of Appeal, filed by Bricklayers & Trowel Trades International Pension Fund ; Date Issued: 03/21/2011 ; USCA Case Number: 09-15595-AA (amb) (Entered: 03/25/2011)

04/14/2011 228 MOTION Request to be Removed from the Court's Electronic Notification System by Technical Olympic USA, Inc.. (Attachments: # 1 Text of Proposed Order)(Ackerman, David) (Entered: 04/14/2011)

04/15/2011 229 ORDER granting 228 Motion to remove counsel from Electronic Notification System. Signed by Judge Kenneth A. Marra on 4/14/2011. (ir) (Entered: 04/15/2011)

04/15/2011 Attorney David Paul Ackerman and Richard James Brener terminated. (ir) (Entered: 04/15/2011)

05/31/2011

230 Clerk's Notice of Undeliverable Mail re 229 Order on Motion for Miscellaneous Relief. US Mail returned for: return to sender attorney no longer associated with case unable to forward. The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided.US mail returned for Attorney Patrick V. Dahlstrom. First return/attempt (rb) (Entered: 05/31/2011)

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