US District Court Civil Docket as of February 01, 2008 Retrieved from the court on September 10, 2012

U.S. District Court District of Colorado (Denver)

CIVIL DOCKET FOR CASE #: 1:05-cv-01011-LTB-MEH

Croker v. Carrier Access Corporation et al Assigned to: Judge Lewis T. Babcock Referred to: Magistrate Judge Michael E. Hegarty Cause: 15:78 Securities Exchange Act

Plaintiff

Jerry Croker on behalf of himself and all others similarly situated

Date Filed: 06/02/2005 Date Terminated: 01/25/2008 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

San Diego 655 West Broadway #1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: henryr@rgrdlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

represented by Henry Rosen Robbins Geller Rudman & Dowd, LLP-

Kip Brian Shuman Shuman Law Firm, The 885 Arapahoe Avenue Boulder, CO 80302 303-861-3003 Fax: 303-484-4886 Email: kip@shumanlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

NECA-IBEW Pension Fund

represented by Jeffrey Allen Berens lead

Dyer & Berens, LLP 303 East 17th Avenue #300 Denver, CO 80203 303-861-1764 Fax: 303-395-0393 Email: jeff@dyerberens.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tamara J. Driscoll Robbins Geller Rudman & Dowd, LLP-Seattle 1700 Seventh Avenue #2260 Seattle, WA 98101 206-749-5544 Fax: 206-749-9978 Email: tdriscoll@lerachlaw.com TERMINATED: 02/01/2008 LEAD ATTORNEY

Trig Randall Smith Robbins Geller Rudman & Dowd, LLP-San Diego 655 West Broadway #1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: trigs@rgrdlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kip Brian Shuman (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Lee Bronson represented by Jeffrey Allen Berens lead

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

Kip Brian Shuman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tamara J. Driscoll (See above for address) TERMINATED: 02/01/2008 LEAD ATTORNEY

Trig Randall Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Consol Plaintiff

Arlington Chisman, Jr. represented by Kip Brian Shuman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew M. Wolf Allen & Vellone, P.C. 1600 Stout Street #1100 Denver, CO 80202 303-534-4499 Fax: 303-893-8332 Email: mwolf@allen-vellone.com TERMINATED: 10/28/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff

Stanley Sved represented by Charles Walter Lilley Charles Lilley & Associates, P.C. 730 17th Street #670 Denver, CO 80202 303-293-9800 Fax: 298-8975 Email: clilley@lilleylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Karen Jean Cody-Hopkins Charles Lilley & Associates, P.C. 730 17th Street #670 Denver, CO 80202 303-293-9800 Fax: 303-298-8975 Email: karen@codyhopkinslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff

Michael Mazzilli

represented by Charles Walter Lilley (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Karen Jean Cody-Hopkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff

Kimberly Mazzilli represented by Charles Walter Lilley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Karen Jean Cody-Hopkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Defendant

Carrier Access Corporation represented by Karen Thomas Stefano Wilson Sonsini Goodrich & Rosati, LLP -Palo Alto 650 Page Mill Road Palo Alto, CA 94304-1050 650-493-9300 Fax: 650-493-6811 Email: kstefano@wsgr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bruce A. Featherstone Featherstone Petrie DeSisto, LLP 600 17th Street #2400 South Denver, CO 80202-5424 303-626-7100 Fax: 303-626-7101 Email: bfeatherstone@featherstonelaw.com ATTORNEY TO BE NOTICED

Matthew D. Collins Burleson LLP 1700 Lincoln Street Suite 3950

Denver, CO 80203 303-801-3200 Fax: 303-801-3201 Email: mcollins@burlesonllp.com

Defendant

Roger L. Koenig represented by Karen Thomas Stefano (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bruce A. Featherstone (See above for address) ATTORNEY TO BE NOTICED

Matthew D. Collins (See above for address)

Defendant

Nancy G. Pierce represented by Karen Thomas Stefano (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bruce A. Featherstone (See above for address) ATTORNEY TO BE NOTICED

Matthew D. Collins (See above for address) ATTORNEY TO BE NOTICED

Defendant

Timothy R. Anderson represented by Paul Howard Schwartz Shoemaker Ghiselli & Schwartz, LLC 1811 Pearl Street Boulder, CO 80302 303-530-3452 Fax: 303-530-4071 Email: pschwartz@sgslitigation.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffrey Allen Smith Smith Byers LLC 1877 Broadway Suite 605

Boulder, CO 80302 303-541-1567 Fax: 303-223-2819 Email: jeff@smithbyerslaw.com ATTORNEY TO BE NOTICED

Sarah JoAnn Guske Cooley LLP-Broomfield 380 Interlocken Crescent #900 Broomfield, CO 80021-8023 720-566-4000 Fax: 720-566-4099 Email: sguske@cooley.com ATTORNEY TO BE NOTICED

Interested Party

William McDonald

represented by Matthew M. Wolf (See above for address) TERMINATED: 10/28/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Interested Party

Thomas F. Simma

Interested Party

Joseph Martano

represented by Matthew M. Wolf (See above for address) TERMINATED: 10/28/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

represented by Karen Jean Cody-Hopkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

06/02/2005 1 COMPLAINT for Violations of Federal Securities Laws against all defendants ( Filing fee $ 250, Receipt Number 260587) Summons Issued, filed by Jerry Croker.(bpm, ) (Entered: 06/03/2005)

06/27/2005 2 Unopposed MOTION For Extension of Time to Respond To Complaint by Defendant Timothy R. Anderson. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Granting Unopposed Motion For Extension of Time to Respond to

I Complaint)(Schwartz, Paul) (Entered: 06/27/2005)

06/28/2005 3. Minute ORDER granting 2 Dft Anderson's Motion for Extension of Time to respond to complaint to and incl 7/11/05 by Chief Judge Lewis T. Babcock on 6/28/05. (erv, ) (Entered: 06/28/2005)

06/29/2005 4 NOTICE of Entry of Appearance of Bruce A. Featherstone, Boris Feldman, Douglas J. Clark, and Karen T. Stefano by Bruce A. Featherstone on behalf of Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce (Featherstone, Bruce) (Entered: 06/29/2005)

06/30/2005 5 Stipulated MOTION to Consolidate Cases and Extension of Time to Answer by Plaintiff Jerry Croker. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 06/30/2005)

07/01/2005 6 ORDER granting Stipulated 5 Motion to Consolidate Cases and Extension of Time to Answer. Cases 05-cv-1011 and 05-cv-1078 are consolidated for all purposes, including pretrial proceedings, trial and appeal. W/in 60 days of court appointing lead plaintiff and lead plaintiff's counsel, lead plaintiff to file a consolidated complaint. Prior to filing of consolidated complaint, dfts not required to respond to either the Croker or Chisman complaint. Once consolidated complaint filed, dfts have 45 days to answer or otherwise respond . Signed by Judge Lewis T. Babcock on 7/1/05. (gmssl, ) (Entered: 07/01/2005)

07/28/2005 7 STIPULATION Motion for Consolidation and Extension of Time to Answer by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Attachments: # 1 Proposed Order (PDF Only))(Stefano, Karen) (Entered: 07/28/2005)

08/01/2005

08/01/2005

8

9

MOTION for Appointment of NECA-IBEW Pension Fund (The Decatur Plan) and Lee Bronson as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Co-Lead Counsel by NECA-IBEW Pension Fund and Lee Bronson. (Attachments: # 1 Exhibit Ex A Sales and Losses Chart# 2 Exhibit Ex B Plaintiff Certifications# 3 Exhibit Ex C Notice of Class Action# 4 Exhibit Ex D Lerach Coughlin Resume# 5 Exhibit Ex E Dyer Shuman Resume# 6 Proposed Order (PDF Only))(Berens, Jeffrey) (Modified on 8/2/2005 to correct the filers)(gms, ). (Entered: 08/01/2005)

First MOTION for Appointment of Joseph Martano and Michael and Kimberly Mazzilli as Lead Plaintiffs and for Lead Counsel by Joseph Martano, Michael Mazzilli and Kimberly Mazzilli. (Attachments: # 1 Affidavit Isquith Dec.# 2 Exhibit Isquith Dec. Ex A&B (Martano/Mazzilli certs & class notice)# 3 Exhibit Isquith Dec. Ex C (Chart)# 4 Exhibit Isquith Dec. Ex D (WHAFH resume)# 5 Exhibit Isquith Dec. Ex E (L&G resume))(Cody-Hopkins, Karen) (Modified on 8/2/2005 to correct the filers) (gms, ). (Entered: 08/01/2005)

08/01/2005 10 MOTION for Appointment of Lead Plaintiff and Lead Counsel by William McDonald and Thomas F. Simma. (Attachments: # 1 Proposed Order (PDF Only))(Wolf, Matthew) (Modified on 8/2/2005 to correct the filers)(gms, ). This Motion is WITHDRAWN pursuant to the minute Order of 10/28/05. Modified on 10/28/2005 to add WITHDRAWN. (emksl, ). (Entered: 08/01/2005)

08/01/2005 11 BRIEF in Support re 10 MOTION for Appointment of Lead Plaintiff and Lead Counsel filed by William McDonald and Thomas F. Simma. (Attachments: # 1 Affidavit of Matthew M. Wolf# 2 Exhibit A -C of Declaration# 3 Exhibit D to Declaration# 4 Exhibit E to Declaration)(Wolf, Matthew) (Modified on 8/2/2005 to correct the

filers)(gms, ). (Entered: 08/01/2005)

08/02/2005

08/02/2005

12

Docket Annotation re: 10 MOTION for Appointment of Lead Plaintiff and Lead Counsel, 11 Brief in Support of Motion,, 8 MOTION for Appointment of NECA-IBEW Pension Fund (The Decatur Plan) and Lee Bronson as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Co-Lead Counsel , 9 First MOTION for Appointment of Joseph Martano and Michael and Kimberly Mazzilli as Lead Plaintiffs and for Lead Counsel. Each of these docket entries were altered this date to correct the filers on each one. Text only entry - no document attached. (gms, ) (Entered: 08/02/2005)

13 ORDER Cases 05-cv-1011-LTB-OES and 05-cv-1280-EWN-MJW are consolidated for all purposes including pretrial proceedings, trial and appeal. All docket entries are to be made ONLY in the lead case of 05-cv-1011-LTB-OES. Court's July 1, 2005 Order consolidating the Chisman and Croker Complaints into the first filedCroker Complaint shall apply in all respects to the Sved Complaint. Prior to the filing of a consolidated complaint, Defendants are not required torespond to the Sved Complaint. This Court has previously ordered that Defendants are not required to respond to either the Croker or the Chisman Complaint. Signed by Judge Lewis T. Babcock on 8/2/05. (gms, ) (Entered: 08/02/2005)

08/09/2005 14 NOTICE re 9 First MOTION for Appointment of Joseph Martano and Michael and Kimberly Mazzilli as Lead Plaintiffs and for Lead Counsel NOTICER OF WITHDRAWAL OF MOTION by Interested Party Joseph Martano, Consol Plaintiffs Michael Mazzilli, Kimberly Mazzilli (Cody-Hopkins, Karen) (Entered: 08/09/2005)

08/12/2005 15 MINUTE ORDER Granting the 14 Notice of Withdrawal Without Prejudice of the Motion of Michael and Kimberly Mazzilli and Joseph Martano for Appointment as Lead Plaintiffs and Approval of Lead Plaintiffs' Selection of Lead Counsel, by Judge Lewis T. Babcock on 8/12/05. (emksl, ) (Entered: 08/12/2005)

08/12/2005 16 Pursuant to the ORDER of 8/12/05, docket 9 , the Motion for Appointment as Lead Plaintiff's by Martano and Mazzilli was terminated, by Judge Lewis T. Babcock. (emksl, ) (Entered: 08/15/2005)

08/15/2005 17 WAIVER OF SERVICE Returned Executed by Stanley Sved, Michael Mazzilli, Kimberly Mazzilli. Carrier Access Corporation waiver sent on 8/2/2005, answer due 10/3/2005. (Cody-Hopkins, Karen) (Entered: 08/15/2005)

08/15/2005 18 WAIVER OF SERVICE Returned Executed by Stanley Sved, Michael Mazzilli, Kimberly Mazzilli. Nancy G. Pierce waiver sent on 8/2/2005, answer due 10/3/2005. (Cody-Hopkins, Karen) (Entered: 08/15/2005)

08/15/2005 19 WAIVER OF SERVICE Returned Executed by Stanley Sved, Michael Mazzilli, Kimberly Mazzilli. Roger L. Koenig waiver sent on 8/2/2005, answer due 10/3/2005. (Cody-Hopkins, Karen) (Entered: 08/15/2005)

08/22/2005 20 NOTICE re 8 MOTION for Appointment of NECA-IBEW Pension Fund (The Decatur Plan) and Lee Bronson as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Co-Lead Counsel by Plaintiff Jerry Croker (Berens, Jeffrey) (Entered: 08/22/2005)

08/24/2005 21 NOTICE re 10 MOTION for Appointment of Lead Plaintiff and Lead Counsel , 11 Brief in Support of Motion, by Interested Parties William McDonald, Thomas F. Simma (Wolf, Matthew) (Entered: 08/24/2005)

08/24/2005 22 Unopposed MOTION to Withdraw as Attorney for Plaintiffs by Consol Plaintiff Arlington Chisman, Jr, Interested Parties William McDonald, Thomas F. Simma. (Attachments: # 1 Notice of Unopposed Motion to Withdraw as Counsel for Plaintiffs# 2 Proposed Order (PDF Only))(Wolf, Matthew) (Entered: 08/24/2005)

WAIVER OF SERVICE Returned Executed by Stanley Sved, Michael Mazzilli, Kimberly Mazzilli. Timothy R. Anderson waiver sent on 8/2/2005, answer due 10/3/2005. (Cody-Hopkins, Karen) (Entered: 09/16/2005)

NOTICE of Change of Address by Henry Rosen. (emksl, ) (Entered: 09/19/2005)

Minute ORDER granting 22 Motion to Withdraw as Attorney. Attorney Matthew M. Wolf terminated. Notice of Withdrawal of Motion of the McDonald Group to be Appointed Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel 21 is GRANTED. The Motion for Appointment 10 is WITHDRAWN, by Judge Lewis T. Babcock on 10/28/05. (emksl, ) (Entered: 10/28/2005)

09/16/2005 23

1 09/19/2005 24

10/28/2005

25

10/28/2005 26 ORDER TO SHOW CAUSE: The parties Show Cause Response due by 11/8/2005. Signed by Judge Lewis T. Babcock on 10/28/05. (emksl, ) (Entered: 10/28/2005)

11/08/2005 27 RESPONSE TO ORDER TO SHOW CAUSE re 26 by Interested Parties NECA-IBEW Pension Fund, Lee Bronson. (Attachments: # 1 Exhibit A# 2 Deposition Excerpts B)(Berens, Jeffrey) (Entered: 11/08/2005)

11/08/2005 28 RESPONSE TO ORDER TO SHOW CAUSE ISSUED BY THE HONORABLE LEWIS T. BABCOCK re 26 by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Clark, Douglas) (Entered: 11/08/2005)

11/08/2005 29 RESPONSE TO ORDER TO SHOW CAUSE re 26 by Interested Party Joseph Martano, Consol Plaintiffs Stanley Sved, Michael Mazzilli, Kimberly Mazzilli. (Cody-Hopkins, Karen) (Entered: 11/08/2005)

11/17/2005 30 ORDER granting 8 NECA Group's Motion to be Appointed Lead plaintiff and for approval of its selection of counsel. Signed by Judge Lewis T. Babcock on 11/17/05. (emksl, ) (Modified on 2/13/2006 to correct linkage)(lam, ). (Entered: 11/18/2005)

01/17/2006 31 AMENDED COMPLAINT Consolidated Class Action for Violations of Federal Securities Laws against Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce, Timothy R. Anderson, filed by NECA-IBEW Pension Fund, Lee Bronson. (Attachments: # 1 Continuation of Main Document Part 2# 2 Continuation of Main Document Part 3# 3 Exhibit A# 4 Exhibit B)(Shuman, Kip) (Entered: 01/17/2006)

01/19/2006 32 NOTICE re 31 Amended Complaint, Conventionally Submitted Materials Exhibits A and B by Interested Parties NECA-IBEW Pension Fund, Lee Bronson (Shuman, Kip) (Entered: 01/19/2006)

01/19/2006 33 NOTICE of Entry of Appearance of Trig R. Smith and Tamara J. Driscoll by Trig Randall Smith on behalf of NECA-IBEW Pension Fund, Lee Bronson (Smith, Trig) (Entered: 01/19/2006)

01/19/2006 34 Conventionally Submitted Material : Exhibits A and B to the Consolidated Class Action Complaint pursuant to the Notice 32 by Plaintiff Jerry Croker. Text Only Entry - No Document Attached (emksl, ) (Entered: 01/20/2006)

01/23/2006 35 NOTICE of Entry of Appearance of Tamara J. Driscoll by Tamara J. Driscoll on behalf of NECA-IBEW Pension Fund, Lee Bronson (Driscoll, Tamara) (Entered: 01/23/2006)

02/13/2006 36 Docket Annotation re: 30 Order granting NECA Group's motion to be appointed lead plaintiff and for approval of its selection of counsel. This entry was modified to correct linkage from Doc. # 10 to Doc. # 8. Text only entry - no document attached. (lam, ) (Entered: 02/13/2006)

02/28/2006 37 NOTICE of Entry of Appearance by Jeffrey Allen Smith on behalf of Timothy R. Anderson (Smith, Jeffrey) (Entered: 02/28/2006)

03/01/2006 38 STIPULATION for Extension of Time to Respond to Consolidated Class Action Complaint by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Attachments: # 1 Proposed Order (PDF Only))(Stefano, Karen) (Entered: 03/01/2006)

03/02/2006 39 MINUTE ORDER granting 38 Stipulation (MOTION) for Extension of Time to Respond to Consolidated Class Action Complaint filed by Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. Defendants have to 03/17/06 to file Motion to Dismiss, Plaintiffs have to 05/16/06 to file response, Defendants have to 06/30/06 to file reply, by Judge Lewis T. Babcock on 03/02/06. (rlp, ) (Entered: 03/02/2006)

03/17/2006 40 MOTION to Dismiss Consolidated Class Action Complaint for Violations of the Federal Securities Laws by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Stefano, Karen) (Entered: 03/17/2006)

03/17/2006 41 NOTICE re 40 MOTION to Dismiss Consolidated Class Action Complaint for Violations of the Federal Securities Laws REQUEST FOR JUDICIAL NOTICE by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce (Stefano, Karen) (Entered: 03/17/2006)

03/17/2006 42 DECLARATION of Karen T. Stefano regarding MOTION to Dismiss Consolidated Class Action Complaint for Violations of the Federal Securities Laws 40 , Notice (Other) 41 by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (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)(Stefano, Karen) (Entered: 03/17/2006)

03/17/2006 43 SUPPLEMENT/AMENDMENT to 42 Declaration, of Karen T. Stefano in Support of Defendants' Motion to Dismiss Consolidated Class Action Complaint for Violations of the Federal Securities Laws (Exhibits I-S) by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Attachments: # 1 Exhibit J# 2 Exhibit K# 3 Exhibit L# 4 Exhibit M# 5 Exhibit N# 6 Exhibit O# 7 Exhibit P# 8 Exhibit Q# 9 Exhibit R# 10 Exhibit S)(Stefano, Karen) (Entered: 03/17/2006)

03/17/2006 44 MOTION to Dismiss by Defendant Timothy R. Anderson. (Attachments: # 1 Exhibit A, Part 1# 2 Exhibit A, Part 2)(Schwartz, Paul) (Entered: 03/17/2006)

05/16/2006 45 BRIEF in Opposition re 40 MOTION to Dismiss Consolidated Class Action Complaint for Violations of the Federal Securities Laws , 44 MOTION to Dismiss filed by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Berens, Jeffrey) (Entered: 05/16/2006)

05/22/2006 46 NOTICE of Change of Address Firm Name and Email Addresses by Karen Jean Cody-Hopkins (Cody-Hopkins, Karen) (Entered: 05/22/2006)

06/30/2006 47 BRIEF in Support re 40 MOTION to Dismiss Consolidated Class Action Complaint for I Violations of the Federal Securities Laws filed by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Stefano, Karen) (Entered: 06/30/2006)

06/30/2006 48 REPLY to Response to Motion re 44 MOTION to Dismiss filed by Defendant Timothy R. Anderson. (Attachments: # 1 Exhibit Exhibit A Part 1 of 3# 2 Exhibit Exhibit A Part 2 of 3# 3 Exhibit Exhibit A Part 3 of 3 (1 of 2)# 4 Exhibit Exhibit A Part 3 of 3 (2 of 2))(Schwartz, Paul) (Entered: 06/30/2006)

07/18/2006 49 ORDER denying 40 Motion to Dismiss of Carrier, Koenig and Ms Pierce, granting in part and denying in part 44 Mr Anderson's Motion to Dismiss; First Claim against Mr Anderson for Violation of Section 10(b) is DISMISSED only to the extent that it is predicated upon the financial misstatements; and the second and third claims against Mr Anderson are Dismissed . Signed by Chief Judge Lewis T. Babcock on 7/18/06. (erv, ) (Entered: 07/18/2006)

07/27/2006 50 STIPULATION for Extension of Time to Respond to Consolidated Class Action Complaint by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Attachments: # 1 Proposed Order (PDF Only))(Stefano, Karen) (Entered: 07/27/2006)

07/28/2006 51 ORDER Granting 50 Stipulation for Extension of Time to file their answer, to and incl 9/15/06. Signed by Chief Judge Lewis T. Babcock on 7/28/06. (erv, ) (Entered: 07/28/2006)

09/15/2006 52 STIPULATION for Extension of Time to Respond to Consolidated Class Action Complaint by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Attachments: # 1 Proposed Order (PDF Only))(Stefano, Karen) (Entered: 09/15/2006)

09/15/2006 53 Docket Annotation re: 52 Stipulation for Extension of Time. Document to be re-filed as a Motion for Extension of Time to file Answer, by filer. Text only entry - no document attached. (rlp2, ) (Entered: 09/18/2006)

09/18/2006 54 MOTION for Extension of Time to File Answer by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Attachments: # 1 Proposed Order (PDF Only))(Stefano, Karen) (Entered: 09/18/2006)

09/18/2006 55 MINUTE ORDER granting 54 and 52 Stipulated Motion for Extension of Time to Answer. Carrier Access Corporation answer due 9/29/2006; Roger L. Koenig answer due 9/29/2006; Nancy G. Pierce answer due 9/29/2006; Timothy R. Anderson answer due 9/29/2006. Signed by Judge Lewis T. Babcock on 09/18/06.(rlp2, ) (Entered: 09/18/2006)

09/28/2006 56 ANSWER to Amended Complaint Consolidated Class Action Complaint by Timothy R. Anderson.(Schwartz, Paul) (Entered: 09/28/2006)

09/29/2006 57 ANSWER to Amended Complaint Consolidated Class Action Complaint for Violations of the Federal Securities Laws by Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce.(Stefano, Karen) (Entered: 09/29/2006)

10/03/2006 58 NOTICE of Change of Firm Name by Counsel for Defendant Timothy R. Anderson by Defendant Timothy R. Anderson (Schwartz, Paul) (Entered: 10/03/2006)

10/03/2006 59 NOTICE of Firm Name Change by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson (Berens, Jeffrey) (Entered: 10/03/2006)

11/07/2006

60 NOTICE Of Change Of Firm Name by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce (Featherstone, Bruce) (Entered: 11/07/2006)

04/10/2007

61 ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty by Chief Judge Babcock. (pap, ) (Entered: 04/10/2007)

04/10/2007 62 MINUTE ORDER Scheduling Conference set for 5/8/2007 09:00 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty.Entered by Judge Michael E. Hegarty on 4/10/07. (pap, ) (Entered: 04/10/2007)

05/01/2007 63 MINUTE ORDER : Scheduling Conference RESET for 6/20/2007 09:45 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty by Judge Michael E. Hegarty on 5/1/07. (dln, ) (Entered: 05/01/2007)

06/12/2007 64 MINUTE ORDER Scheduling Conference set for 7/18/2007 09:45 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. Parties to prepare and submit a Proposed Scheduling Order by 7/11/07, by Judge Michael E. Hegarty on 6/12/07. (mrs, ) (Entered: 06/12/2007)

07/11/2007

07/17/2007

07/18/2007

65 Proposed Scheduling Order by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Smith, Trig) (Entered: 07/11/2007)

66 NOTICE of Entry of Appearance by Matthew D. Collins on behalf of Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce (Collins, Matthew) (Entered: 07/17/2007)

67

Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 7/18/2007. Settlement Conference set for 8/14/2007 03:30 PM in Courtroom C203 on the second floor of the Byron G. Rogers U.S. District Courthouse located at 1929 Stout Street, Denver, Colorado, before Magistrate Judge Michael E. Hegarty. Scheduling Order was not entered.(Court Reporter FTR - C. Coomes) (mehcd) (Entered: 07/18/2007)

08/10/2007 68 NOTICE of Entry of Appearance by Sarah JoAnn Guske on behalf of Timothy R. Anderson (Guske, Sarah) (Entered: 08/10/2007)

08/14/2007 69 Minute Entry for proceedings held before Judge Michael E. Hegarty : Settlement Conference held on 8/14/2007. Settlement reached, written record made. (mrs, ) (Entered: 08/15/2007)

08/20/2007 70 NOTICE OF CHANGE OF ADDRESS/LAW FIRM AFFILIATION by Plaintiffs NECA- IBEW Pension Fund, Lee Bronson (Berens, Jeffrey) Modified on 8/21/2007 to remove

filer (mrs, ). (Entered: 08/20/2007)

08/21/2007 71 Docket Annotation re: 70 Notice (Other). This docket entry modified to remove filer. Text only entry - no document attached. (mrs, ) (Entered: 08/21/2007)

08/23/2007 72 NOTICE OF CHANGE OF LAW FIRM AFFILIATION by Plaintiffs Jerry Croker, NECA-IBEW Pension Fund, Lee Bronson (Shuman, Kip) (Entered: 08/23/2007) -

09/10/2007 73 NOTICE OF FIRM NAME CHANGE by Plaintiffs NECA-IBEW Pension Fund, Lee I Bronson (Rosen, Henry) (Entered: 09/10/2007)

10/30/2007 74 Unopposed MOTION for Order to Preliminarily Approve Class Action Settlement by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 10/30/2007)

10/30/2007 75 STIPULATION of Settlement by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit B)(Shuman, Kip) (Entered: 10/30/2007)

10/31/2007 76 ORDER Preliminarily Approving Settlement and Providing for Notice. Signed by Judge Lewis T. Babcock on 10/31/07. (Attachments: # 1 Notice of Pendency and Proposed Settlement of Class Action, # 2 Proof of Claim and Release, # 3 Summary Notice)(mrs) (Entered: 11/01/2007)

01/18/2008

01/18/2008

77

78

MOTION for Order to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs Pursuant to 15 U.S.C. §78u-4(A)(4) by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Attachments: # 1 Proposed Order (PDF Only) Final Judgment Order, # 2 Proposed Order (PDF Only) Allocation Order, # 3 Proposed Order (PDF Only) Fees and Expenses Order)(Shuman, Kip) (Entered: 01/18/2008)

APPENDIX re 77 MOTION for Order to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs MOTION for Order to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs MOTION for Order to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Shuman, Kip) (Entered: 01/18/2008)

01/18/2008 79 DECLARATION of Kip B. Shuman regarding MOTION for Order 77 to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs MOTION for Order to Approveby Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Shuman, Kip) Modified on 1/22/2008 to delete duplication and add linkage (jjh, ). (Entered: 01/18/2008)

01/18/2008 80

DECLARATION of Lead Plaintiff NECA-IBEW Pension Fund regarding MOTION for Order 77 to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Shuman, Kip) Modified on 1/22/2008 to delete duplication and add linkage (jjh, ). (Entered: 01/18/2008)

01/18/2008 81 DECLARATION of Lee Bronson regarding MOTION for Order 77 to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs by Plaintiffs NECA-IBEW Pension

01/18/2008

01/18/2008

82

83

Fund, Lee Bronson. (Shuman, Kip) Modified on 1/22/2008 to delete duplication and add linkage (jjh, ). (Entered: 01/18/2008)

DECLARATION of Keith F. Park filed on Behalf of Coughlin Stoia Geller Rudman & Robbins LLP regarding MOTION for Order 77 to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Shuman, Kip) Modified on 1/22/2008 to add linkage and delete duplication (jjh, ). (Entered: 01/18/2008)

DECLARATION of Kip B. Shuman regarding MOTION for Order 77 to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Shuman, Kip) Modified on 1/22/2008 to add linkage and delete duplication (jjh, ). (Entered: 01/18/2008)

01/18/2008 84 DECLARATION of Carole K. Sylvester Re A) Mailing of the Notice of Pendency and Proposed Settlement of Class Action, the Proof of Claim and Release Form, and B) Publication of the Summary Notice by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Shuman, Kip) (Entered: 01/18/2008)

01/18/2008 85 CERTIFICATE of Mailing/Service re 80 Declaration, 82 Declaration, 77 MOTION for Order to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs 83 Declaration, 81 Declaration, 84 Declaration, 79 Declaration, 78 Appendix, by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Shuman, Kip) Modified on 1/22/2008 to delete duplication (jjh, ). (Entered: 01/18/2008)

01/22/2008 86 Docket Annotation re: 80 Declaration, 79 Declaration, 82 Declaration, 83 Declaration, 81 Declaration, 85 Certificate of Mailing/Service,, 78 Appendix. Modified to delete duplication and add linkage. Text only entry - no document attached (jjh, ) (Entered: 01/22/2008)

01/24/2008 87 NOTICE of Entry of Appearance of Christopher Howald by Bruce A. Featherstone on behalf of Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce (Featherstone, Bruce) (Entered: 01/24/2008)

01/25/2008 88 Minute Entry for proceedings held before Judge Lewis T. Babcock: Hearing on Rule 23 Fairness held on 1/25/2008. Courts findings and conclusions. Court signs orders and judgment tendered by counsel. (Court Reporter Gwen Daniel.) (sah, ) (Entered: 01/25/2008)

01/25/2008 89 Final JUDGMENT and Order of Dismissal with Prejudice, incorporates by reference the definitions in the Stipulation, The Court hereby certifies a Class, for settlement purposes only, defined as: All Persons who purchased Carrier Access common stock between October 21, 2003 and May 20, 2005,inclusive the Litigation and all claims contained therein,including all of the Released Claims, are dismissed with prejudice as to the Lead Plaintiffs and the other Members of the Class, and as against each and all of the Released Persons. The parties are to bear their own costs, except as otherwise provided in the Stipulation. Signed by Judge Lewis T. Babcock on 1/25/2008. (sah, )

I (Entered: 01/25/2008)

01/25/2008 90

01/25/2008 91

ORDER Approving Plan of Allocation of Settlement Proceeds, re: 77 Lead Plaintiffs motion for approval of the Plan of Allocation of the settlement proceeds in the above-captioned action. Signed by Judge Lewis T. Babcock on 1/25/2008.(sah, ) (Entered: 01/25/2008)

ORDER Awarding Lead Plaintiff's Counsel's Attorney's Fees and Expenses and Reimbursement of Lead Plaintiff's Expenses. The Court hereby awards Lead Counsel attorneys fees of 30% of the Settlement Fund plus litigation expenses in the amount of $132,331.29, together with the interest. The awarded attorneys fees and expenses shall immediately be paid to Lead Counsel. Pursuant to 15 U.S.C. §78u-4(a)(4), Lead Plaintiff Lee Bronson shall be reimbursed $2,100.00 in expenses. Signed by Judge Lewis T. Babcock on 1/25/2008. (sah, ) (Entered: 01/25/2008)

01/28/2008 92 Docket Annotation re: 80 , 91 , 82 , 77 , 87 , 83 , 86 , 81 , 84 , 89 , 90 , 88 , 79 , 85 , 78 These NEF's were returned as undeliverable to Tamara Driscoll. The firm advises she is no longer employed by them. They will file a motion to withdraw. Text only entry - no document attached (gmssl, ) (Entered: 01/28/2008)

01/31/2008 93 Unopposed MOTION to Withdraw as Attorney Tamara J. Driscoll as Counsel of Record for Lead Plaintiff by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Attachments: # 1 Proposed Order (PDF Only))(Smith, Trig) (Entered: 01/31/2008)

02/01/2008 94 ORDER granting 93 Plaintiff's Motion to Withdraw Attorney Tamara J. Driscoll as counsel to lead Plaintiffs. Signed by Judge Lewis T. Babcock on 02/01/2008.(sah, ) (Entered: 02/04/2008)

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