U.S. District Court Eastern District of Texas...

US District Court Civil Docket as of 08/08/2006 Retrieved from the court on Friday, October 06, 2006

U.S. District Court Eastern District of Texas (Texarkana) CIVIL DOCKET FOR CASE #: 5:03-md-01530-TJW

In RE: Fleming Co, et al v. In re: Fleming Co Assigned to: Judge T. John Ward Related Case: 5:05-cv-00165-TJW Cause: 28:1001 E.R.I.S.A.

Date Filed: 07/08/2003 Jury Demand: Defendant Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question

Plaintiff In re: Fleming Companies, Inc., Securities & Derivative Litigation

represented by Kenneth S Marks Susman Godfrey LLP 1000 Louisiana Street Ste 5100 Houston, TX 77002-5096 713/653-7809 Fax: 17136546666 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Samuel Franklin Baxter Attorney at Law P O Box O Marshall, TX 75671 903/927-2111 Fax: 19039272622 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Named Plaintiffs represented by Benny C Goodman, III Lerach Coughlin Stoia Geller Rudman & Robbins 401 B Street Suite 1600 San Diego, CA 92101 619/231-1058 Fax: 619/231-7423 Email: [email protected] ATTORNEY TO BE NOTICED

Damon Michael Young Young Pickett & Lee 4122 Texas Blvd PO Box 1897 Texarkana, TX 75504-1897 903/794-1303 Fax: 19037925098 Email: [email protected] ATTORNEY TO BE NOTICED Jon Lambiras Berger & Montague 1622 Locust Street Philadelphia, PA 19103 215-875-3036 Fax: 215-875-4604 Email: [email protected] ATTORNEY TO BE NOTICED Steven W Pepich Lerach Coughlin Stoia Geller Rudman & Robbins 401 B Street Suite 1600 San Diego, CA 92101 619/231-1058 Fax: 619/231-7423 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

Jackson Capital Mgt represented by Kenneth S Marks (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Samuel Franklin Baxter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Sherrie R Savett Berger & Montague 1622 Locust Street Philadelphia, PA 19103 215/875-3071 Fax: 12158755715 Email: [email protected] LEAD ATTORNEY

ATTORNEY TO BE NOTICED Casey M Preston Berger & Montague 1622 Locust Street Philadelphia, PA 19103 215/875-3092 Fax: 215/875-4636 Email: [email protected] ATTORNEY TO BE NOTICED Glen L Abramson Berger & Montague 1622 Locust Street Philadelphia, PA 19103 215/875-4683 Fax: 215/875-5725 Email: [email protected] ATTORNEY TO BE NOTICED Jerome M Marcus Berger & Montague 1622 Locust Street Philadelphia, PA 19103 215/875-3013 Fax: 215/875-4604 Email: [email protected] ATTORNEY TO BE NOTICED Jon Lambiras (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Twin City Fire Insurance Company represented by Kent A. Rowald Duane Morris - Houston 3200 Southwest Freeway Suite 3150 Houston, TX 77027 713-860-0078 Fax: 713-225-2340 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Gary R Maze Duane Morris - Houston 3200 Southwest Freeway Suite 3150

Houston, TX 77027 713/402-3900 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

Post Confirmation Trust represented by Scott Anthony Humphries Gibbs & Bruns 1100 Louisiana Suite 5300 Houston, TX 77002 713/650-8805 Fax: 713/750-0903 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Brian T Ross Gibbs & Bruns 1100 Louisiana Suite 5300 Houston, TX 77002 713/650-8805 Fax: 713/750-0903 Email: [email protected] ATTORNEY TO BE NOTICED Kathy Dawn Patrick Gibbs & Bruns 1100 Louisiana Suite 5300 Houston, TX 77002 713/751-5253 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

Zurich Specialties London Limited, Faraday Capital Limited

represented by Marcie Jane Freeman Wilson Elser Moskowitz Edelman & Dicker - Dallas 5000 Renaissance Tower 1201 Elm St. Dallas, TX 75270 214/698-8092 Fax: 214/698-1101 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Christopher Charles White Wilson Elser Moskowitz Edelman & Dicker 5000 Renaissance Tower 1201 Elm St. Dallas, TX 75270 214/698-8005 Fax: 12146981101 Email: [email protected] ATTORNEY TO BE NOTICED

V.

Defendant

In re: Fleming Companies, Inc., Securities & Derivative Litigation Defendants

represented by Diane Marie Sumoski Carrington Coleman Sloman & Blumenthal LLP 901 Main Street Suite 5500 Dallas, TX 75202-3767 214/855-3000 Fax: 12148551333 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Randall Mark Foret Secore & Waller - Dallas 12221 Merit Dr Suite 1100 Dallas, TX 75251-6657 972/776-0200 Fax: 19727760240 Email: [email protected] ATTORNEY TO BE NOTICED Stephen Cass Weiland Patton Boggs - Dallas 2001 Ross Ave Suite 3000 Dallas, TX 75201 214/758-1500 Fax: 12147581550 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Thomas. Dahlen represented by David Alan Stephan McManemin & Smith 600 N Pearl St Suite 1600 Dallas, TX 75201 214/953-1321 Fax: 12149530695 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Morgan Stanley & Co. Incorporated represented by Kenneth R David Simpson Thacher & Bartlett - New York 425 Lexington Ave New York, NY 10017-3954 212-455-2000 Fax: 212-455-2502 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J Chepiga Simpson Thacher & Bartlett - New York 425 Lexington Ave New York, NY 10017-3954 212/455-2000 Fax: 212/455-2502 Email: [email protected] ATTORNEY TO BE NOTICED Peter E Kazanoff Simpson Thacher & Bartlett - New York 425 Lexington Ave New York, NY 10017-3954 212/455-2000 Fax: 212/455-2502 Email: [email protected] ATTORNEY TO BE NOTICED Richard Thaddeus Behrens Haynes & Boone - Dallas 901 Main Street Suite 3100 Dallas, TX 75202-3789 214/651-5668 Fax: 12146515940 Email: [email protected] ATTORNEY TO BE NOTICED

Nicholas Even Haynes and Boone - Dallas 901 Main St Suite 3100 Dallas, TX 75202-3789 214/651-5045 Fax: 2142000586 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Wachovia Securities, Inc. represented by Kenneth R David (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J Chepiga (See above for address) Peter E Kazanoff (See above for address) ATTORNEY TO BE NOTICED Richard Thaddeus Behrens (See above for address) ATTORNEY TO BE NOTICED Nicholas Even (See above for address) ATTORNEY TO BE NOTICED

Defendant

Deutsche Bank Securities Inc. represented by Kenneth R David (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J Chepiga (See above for address) Peter E Kazanoff (See above for address) ATTORNEY TO BE NOTICED Richard Thaddeus Behrens (See above for address) ATTORNEY TO BE NOTICED

Nicholas Even (See above for address) ATTORNEY TO BE NOTICED

Defendant

Lehman Brothers Inc. represented by Kenneth R David (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J Chepiga (See above for address) Peter E Kazanoff (See above for address) ATTORNEY TO BE NOTICED Richard Thaddeus Behrens (See above for address) ATTORNEY TO BE NOTICED Nicholas Even (See above for address) ATTORNEY TO BE NOTICED

Defendant

Mark D Shapiro represented by Terence J Hart Munsch Hardt Kopf & Harr 1445 Ross Ave 4000 Fountain Place Dallas, TX 75202-2790 214/855-7508 Fax: 12149785349 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Deloitte & Touche represented by Edwin Takeshi Aradi Akin Gump Strauss Hauer & Feld LLP 1700 Pacific Ave Suite 4100 Dallas, TX 75201-4618 214/969-2800 Fax: 12149694343 Email: [email protected] ATTORNEY TO BE NOTICED

Keefe Michael Bernstein Akin Gump etal 1700 Pacific Ave Suite 4100 Dallas, TX 75201- 214/9692734 Fax: 214/9694343 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Alice M Peterson represented by Diane Marie Sumoski (See above for address) ATTORNEY TO BE NOTICED

Defendant

Carlos M Hernandez represented by Diane Marie Sumoski (See above for address) ATTORNEY TO BE NOTICED

Defendant

Robert S Hamada represented by Diane Marie Sumoski (See above for address) ATTORNEY TO BE NOTICED

Defendant

Carol B Hallett represented by Diane Marie Sumoski (See above for address) ATTORNEY TO BE NOTICED

Defendant

Archie R Dykes represented by Diane Marie Sumoski (See above for address) ATTORNEY TO BE NOTICED

Defendant

Kenneth M Duberstein represented by Diane Marie Sumoski (See above for address) ATTORNEY TO BE NOTICED

Defendant

Herbert M Baum represented by Diane Marie Sumoski

(See above for address) ATTORNEY TO BE NOTICED

Defendant

Stephen . Davis TERMINATED: 06/16/2004

represented by Jim L Flegle Loewinsohn & Flegle 18383 Preston Road Ste 100 Dallas, TX 75252 214/572-1701 Fax: 12145721717 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Terry Slater represented by S Gene Cauley Cauley Bowman Carney & Williams P O Box 25438 Little Rock, Ar 72211 501-312-8500 Fax: 501-312-8505 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED T Brent Walker Cauley Bowman Carney & Williams P O Box 25438 Little Rock, Ar 72211 501-312-8500 Fax: 501-312-8505 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED J Allen Carney Cauley Bowman Carney & Williams P O Box 25438 Little Rock, Ar 72211 501-312-8500 Fax: 501-312-8505 Email: [email protected] ATTORNEY TO BE NOTICED Marcus Bozeman Cauley Bowman Carney & Williams P O Box 25438

Little Rock, Ar 72211 501-312-8500 Fax: 501-312-8505 Email: [email protected] ATTORNEY TO BE NOTICED Tiffany M Wyatt Cauley Bowman Carney & Williams P O Box 25438 Little Rock, Ar 72211 501-312-8500 Fax: 501-312-8505 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

1933 Individual Defendants

Defendant

Neal J Rider represented by Stephen Cass Weiland (See above for address) ATTORNEY TO BE NOTICED

Defendant

Mark S Hansen represented by Randall Mark Foret (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Core-Mark International, Inc. represented by Scott Anthony Humphries (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Fleming Post Confirmation Trust and Core-Mark International, Inc.

represented by Scott Anthony Humphries (See above for address) ATTORNEY TO BE NOTICED

Defendant

Fleming Post-Confirmation Trust represented by Scott Anthony Humphries (See above for address)

ATTORNEY TO BE NOTICED

Defendant

Steven Schmidt represented by R Trent Gaither Gaither & Amann 4300 Scotland Houston, TX 77007 713/865-5600 Fax: 17138655611 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

ThirdParty Plaintiff

Core-Mark International, Inc. represented by Scott Anthony Humphries (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

ThirdParty Plaintiff

Post Confirmation Trust represented by Scott Anthony Humphries (See above for address) ATTORNEY TO BE NOTICED

V.

ThirdParty Defendant

Bruce Keith Jensen TERMINATED: 01/05/2006

represented by Bruce Keith Jensen 4024 Paddlewheel Drive Brandon, FL 33511 PRO SE

Movant

Anthony Colarich represented by S Gene Cauley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Tiffany M Wyatt (See above for address) ATTORNEY TO BE NOTICED

Movant

Raheela Zaman represented by S Gene Cauley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Tiffany M Wyatt (See above for address) ATTORNEY TO BE NOTICED


Albert Abood TERMINATED: 01/05/2006


John K Adams TERMINATED: 01/05/2006

represented by Thomas Allan Connop Locke Liddell & Sapp 2200 Ross Ave Suite 2200 Dallas, TX 75201-6776 214-740-8687 Fax: 214-756-8547 Email: [email protected] LEAD ATTORNEY


Michael J Cavallero TERMINATED: 01/05/2006

represented by Sim David Israeloff Cowles & Thompson 901 Main Street Suite 4000 Dallas, TX 75202-3793 214/672-2113 Fax: 12146722331 Email: [email protected] LEAD ATTORNEY


Rosario Consiglio TERMINATED: 01/05/2006

represented by R Trent Gaither (See above for address) LEAD ATTORNEY


Dahlen TERMINATED: 01/05/2006


Steven Davis TERMINATED: 01/05/2006


Dole Fresh Fruit Company TERMINATED: 01/05/2006

represented by Sim David Israeloff (See above for address) LEAD ATTORNEY


Peter Frank TERMINATED: 01/05/2006

represented by Michael Edwin Jones Potter Minton PC 110 N College Suite 500 PO Box 359 Tyler, TX 75710-0359 903/597/8311 Fax: 9035930846 Email: [email protected] LEAD ATTORNEY Allen Franklin Gardner Potter Minton PC 110 N College Suite 500 PO Box 359 Tyler, TX 75710-0359 903/597-8311 Email: [email protected]


James Green TERMINATED: 01/05/2006

represented by Steven Z Kaplan Fredrikson & Byron PA 200 South Sixth St Suite 4000 Minneapolis, MN 55042 612-492-7169 Fax: 612-492-7077 Email: [email protected] LEAD ATTORNEY Matthew T Boos Fredrikson & Byron PA 200 South Sixth St Suite 4000 Minneapolis, MN 55042

612/492-7180 Fax: 612/492-7077 Email: [email protected]


Phillip Murphy TERMINATED: 01/05/2006


Charles Myers TERMINATED: 01/05/2006


Scott Northcutt TERMINATED: 01/05/2006


John D Robinson TERMINATED: 01/05/2006

represented by Thomas Allan Connop (See above for address) LEAD ATTORNEY


Stephen Schmidt TERMINATED: 01/05/2006


Jim Thatcher TERMINATED: 01/05/2006


Christopher Thorpe TERMINATED: 01/05/2006

represented by Jerry Lynn Beane Andrews & Kurth 1717 Main St Suite 3700 Dallas, TX 75201 214/659-4400 Fax: 2146594401 Email: [email protected] LEAD ATTORNEY Kay Lynn Brumbaugh Andrews & Kurth

1717 Main St Suite 3700 Dallas, TX 75201 214/659-4702 Fax: 12146594401 Email: [email protected]

Cross Claimant

Fleming Post Confirmation Trust and Core-Mark International, Inc.

V.

Cross Defendant

Deloitte & Touche LLP TERMINATED: 06/28/2005

represented by Edwin Takeshi Aradi (See above for address) ATTORNEY TO BE NOTICED Keefe Michael Bernstein (See above for address) ATTORNEY TO BE NOTICED

Cross Defendant

Mark Hansen represented by Randall Mark Foret (See above for address) ATTORNEY TO BE NOTICED

Cross Defendant

Neal Rider

Cross Defendant

Mark Shapiro

Date Filed # Docket Text

07/08/2003 1 TRANSFER ORDER pursuant to 28 USC 1407 the actions listed on the attached Schedule A and pending outside the Eastern District of Texas are transferred to the Eastern District of Texas and with the consent of that court assigned to the Honorable T. John Ward for coordinated or consolidated pretrial proceedings with the actions listed on Schedule A and pending in the district (signed for the panel,

Wm. Terrell Hodges) Inc (sm) (Entered: 07/18/2003)

07/08/2003 2 Letter to Judge Ward from Clerk of MDL Panel dated 6/25/03 (sm) (Entered: 07/18/2003)

07/22/2003 3 PRETRIAL ORDER #1 ORDERING that an initial scheduling conference be held on Wednesday 8/13/03 at 2:00 pm at Marshall Div and Clerk of Court will maintain a master docket file in re Fleming and id MDL No. 1530 and when a pleading is intented to be applicable to all actions, this shall be indicated by the words this document relates to all cases and if less than all cases, the court's docket number for each individual case to which the document relates shall appear after the words this document relates to and all pleadings are to be made on the master docket sheet with a notation listing the cases to which the document applies to and be filed in the master docket file ( signed by Judge T. John Ward ) cc: attys on panel atty listing 7/22/03 (sm) (Entered: 07/22/2003)

08/11/2003 4 MOTION for J Dennis Chambers to withdraw as attorney for Dft Fleming (sm) (Entered: 08/11/2003)

08/13/2003 5 Application by In re: Fleming Co for Peter Kazanoff to be admitted pro hac vice for dfts Lehman Bro, Deutsche Bank; Wachovia Securities and Morgan Stanley (sm) (Entered: 08/14/2003)

08/13/2003 6 Application by In re: Fleming Co for Michael Chepiga to be admitted pro hac vice for dfts Lehman Bros; Deutsche Bank; Wachovia Sec and Morgan Stanley & Co (sm) Modified on 08/14/2003 (Entered: 08/14/2003)

08/13/2003 PHV Filing Fee paid by atty Kazanoff and Chepiga; PHV FILING FEE $ 25.00 each RECEIPT # 98753 (sm) (Entered: 08/14/2003)

08/15/2003 7 ORDER granting [4-1] motion for J Dennis Chambers to withdraw as attorney for Dft Fleming ( signed by Judge T. J. Ward ) cc: attys of record 8/18/03 (sm) (Entered: 08/18/2003)

08/27/2003 8 Minutes Re: scheduling conference before Judge T. J. Ward on 8/13/03 (Ct rep/ECRO: Susan Simmons) (shd) (Entered: 08/27/2003)

08/28/2003 9 Transcript of scheduling conference filed by In re: Fleming Co . Court Reporter: Susan Simmons ( 25 pages) (sm) (Entered: 09/02/2003)

08/29/2003 10 Scheduling order setting following deadlines: Jury selection begins at 9:00 10/4/05 ; Final Pretrial conference on 10:00 9/15/05 ; Final Pretrial order due on or before 8/30/05 for In re: Fleming Co ; Jury instructions due by 8/30/05 for In re: Fleming Co ; Deadline for Motions in Limine 8/30/05 for In re: Fleming Co ; Amend, join, implead parties by 7/30/04 (no motion for leave necessary till after this date); amended consolidated complaint by 9/12/03; Expert witness list by 12/15/04 for In re: Fleming Co ; Join parties by 7/30/04 ; Motion for class certification by 2/13/04; discovery deadline is 5/20/05; trial witnesses by 8/30/05; ( signed by Judge T. J. Ward ) cc: attys of record of MDL Panel Atty List 9/2/03 (sm) (Entered: 09/02/2003)

09/04/2003 11 CONDITIONAL TRANSFER ORDER from MDL for 2 cases from Northern District of TX (3:03-1435 and 3:03-460) to be transferred to Eastern Dist due to MDL ligitation (sent letter and certified copy of order to ND of TX) (sm) Modified

on 09/05/2003 (Entered: 09/05/2003)

09/12/2003 12 THird Consolidated Amended class action complaint by In re: Fleming Co , (Answer due 9:00 10/4/05 ) (sm) (Entered: 09/15/2003)

09/15/2003 A tag along case/transfer case was received from Northern Dist of TX per conditional transfer order #11 and was assigned case # 5:03cv204 in our district (Massachusetts State Carpenters Pension Fund v Fleming CO 3:03cv460 in ND of TX) PTO #1 was sent to attys of record on this case (sm) Modified on 09/29/2003 Modified on 6/28/2005 (sm, ). (Entered: 09/16/2003)

09/15/2003 A tag along case was received from ND of TX (their cause number 3:03cv1435) per Conditional Transfer Order #11 and was assigned our cause number 5:03cv205 (PTO Order sent to attys of record per courts instructions) (sm) Modified on 09/29/2003 (Entered: 09/29/2003)

09/26/2003 Per order filed on 5:03cv83 the court ordered that this case be transferred to this MDL case and all documents be docketed on the master docket except a document closing the case per Pretrial Order #1 (copy of this order sent to all attys on Master Docket atty panel list and MDL Court) (sm) Modified on 09/29/2003 (Entered: 09/29/2003)

09/26/2003 13 ORDER that the following LIAISON COUNSEL be appointed for their liaison group (Samuel Baxter for Pla and Diane Sumoski for Dft) and liaison counsel will be charged with administrative matters and will be authorized to receive orders and notices from the Court and Judicial Panel on Multidistrict Litigation on behalf of all parties within their LIAISON GROUP ( signed by Judge T. J. Ward ) cc: attys on MDL Panel List, liaison attys, MDL Court on 9/29/03 (sm) (Entered: 09/29/2003)

10/03/2003 14 Certification of Named Plaintiffs pursuant to federal securities laws by plaintiffs (sm) (Entered: 10/03/2003)

10/24/2003 15 MOTION and Brief by Dft Mark D Shapiro to dismiss pla third consolidated amended class action complaint (sm) (Entered: 10/24/2003)

10/24/2003 16 MOTION and Brief by Dft E. Stephen Davis In re: Fleming Co MDL to dismiss third consolidated amended class action complaint (sm) (Entered: 10/24/2003)

10/24/2003 17 JOINT MOTION and Memo in Support by defendants In re: Fleming Co to dismiss pursuant to Rules 9(b) and 12(b)6 and the private securities litigation reform act of 1995 (sm) (Entered: 10/24/2003)

10/24/2003 18 Supplemental [17-1] motion to dismiss pursuant to Rules 9(b) and 12(b)6 and the private securities litigation reform act of 1995 to dismiss by Dft Neal Rider In re: Fleming Co (sm) (Entered: 10/24/2003)

10/24/2003 19 MOTION and Brief by individual Dft Thomas Dahlen In re: Fleming Co to dismiss pla third consolidated amended class action complaint (sm) (Entered: 10/24/2003)

10/24/2003 20 MOTION and Brief by Dft Mark Hansen In re: Fleming Co to dismiss amended consolidated complaint (FILED IN MARSHALL DIV) (sm) Modified on 10/27/2003 (Entered: 10/27/2003)

10/24/2003 21 MOTION by Dfts Lehman Brothers Inc., Deutsche Bank Securities., Wachovai

Securities., and Morgan Stanley Inc In re: Fleming Co to dismiss with appendix/exhibits 1-13 (exhibits 1-13 are not scanned due to voluminus) FILED IN MARSHALL DIV (sm) Modified on 10/28/2003 (Entered: 10/28/2003)

10/24/2003 22 MOTION and Brief by Dft Deloitte & Touche LLP In re: Fleming Co to dismiss (FILED IN MARSHALL DIV) (sm) (Entered: 10/28/2003)

10/24/2003 23 UNOPPOSED MOTION by Individual Dfts In re: Fleming Co to exceed page limitation to file a 1933 Act motion to dismiss (rec motion and exhibits) FILED IN MARSHALL DIV (sm) Modified on 10/28/2003 (Entered: 10/28/2003)

11/03/2003 24 ORDER granting [23-1] motion to exceed page limitation to file a 1933 Act motion to dismiss ( signed by Judge T. J. Ward ) cc: attys of record 11/3/03 (sm) (Entered: 11/03/2003)

11/03/2003 25 1933 Act MOTION and Brief by Individual Dfts In re: Fleming Co to dismiss third consolidated amended class action complaint with exhibits (Appendixes 1-3 not scanned due to voluminus) (sm) (Entered: 11/03/2003)

12/08/2003 26 MOTION by (plaintiff) In re: Fleming Co to exceed page limitation to file response brief to Deloitte & Touche motion to dismiss (rec response) FILED IN MARSHALL DIV (sm) Modified on 12/10/2003 (Entered: 12/10/2003)

12/08/2003 27 MOTION by In re: Fleming Co (plaintiff) to exceed page limitation to file consolidated response/points and authorities to Deloitteand Touche motions to dismiss (rec response) FILED IN MARSHALL DIV (sm) (Entered: 12/10/2003)

12/08/2003 28 MOTION by Plaintiff In re: Fleming Co to exceed page limitation to file Jackson Capital response to dfts motions to dismiss and consolidated appendices (rec response) FILED IN MARSHALL DIV (sm) Modified on 12/10/2003 (Entered: 12/10/2003)

12/09/2003 29 CONDITIONAL TRANSFER ORDER from MDL Clerk ORDERING that case number 3:03-1950 from the Northern Dist of TX be transferred to this MDL case (certified copy of this order went to NDist of TX requesting file on this date) (sm) (Entered: 12/10/2003)

12/22/2003 30 ORDER granting [27-1] motion to exceed page limitation to file consolidated response/points and authorities to Deloitteand Touche motions to dismiss ( signed by Judge T. J. Ward ) cc: attys of record 12/22/03 (sm) (Entered: 12/22/2003)

12/22/2003 31 CONSOLIDATED Response/Opposition by In re: Fleming Co (plaintiffs) to [25-1] motion to dismiss third consolidated amended class action complaint and #21 motion (sm) Modified on 12/22/2003 (Entered: 12/22/2003)

12/22/2003 32 ORDER granting [26-1] motion to exceed page limitation to file response brief to Deloitte & Touche motion to dismiss ( signed by Judge T. J. Ward ) cc: attys of record 12/22/03 (sm) (Entered: 12/22/2003)

12/22/2003 33 Response by In re: Fleming Co (Plaintiffs) to [22-1] motion to dismiss (sm) (Entered: 12/22/2003)

12/22/2003 34 ORDER granting [28-1] motion to exceed page limitation to file Jackson Capital response to dfts motions to dismiss and consolidated appendices ( signed by Judge

T. J. Ward ) cc: attys of record 12/22/03 (sm) (Entered: 12/22/2003)

12/22/2003 35 Response by In re: Fleming Co (Jackson Capital Mgt) to [19-1] motion to dismiss pla third consolidated amended class action complaint, [17-1] motion to dismiss pursuant to Rules 9(b) and 12(b)6 and the private securities litigation reform act of 1995, [20-1] motion to dismiss amended consolidated complaint, [16-1] motion to dismiss third consolidated amended class action complaint, [15-1] motion to dismiss pla third consolidated amended class action complaint WITH EXHIBITS (exhibits not scanned due to voluminus) (sm) (Entered: 12/22/2003)

01/05/2004 36 Reply by Dft Mark Hansen to response to [20-1] motion to dismiss amended consolidated complaint (sm) (Entered: 01/05/2004)

01/05/2004 37 Reply by Dft E. Stephen Davis to response to [16-1] motion to dismiss third consolidated amended class action complaint (sm) (Entered: 01/05/2004)

01/05/2004 38 Reply by Dft Thomas Dahlen to response to [19-1] motion to dismiss pla third consolidated amended class action complaint (sm) (Entered: 01/05/2004)

01/05/2004 39 SUPPLEMENTAL Reply by Dft Neal Rider to response to [17-1] motion to dismiss pursuant to Rules 9(b) and 12(b)6 and the private securities litigation reform act of 1995 (sm) Modified on 01/05/2004 (Entered: 01/05/2004)

01/05/2004 40 Reply by Dft Mark Shapiro to response to [15-1] motion to dismiss pla third consolidated amended class action complaint (sm) (Entered: 01/05/2004)

01/05/2004 41 JOINT Reply Brief by 1934 Act Dfts to response to [17-1] motion to dismiss pursuant to Rules 9(b) and 12(b)6 and the private securities litigation reform act of 1995 (sm) (Entered: 01/05/2004)

01/05/2004 42 UNOPPOSED MOTION by Dft Deloitte and Touche to exceed page limitation to file Reply in support of motion to dismiss (rec reply) (sm) Modified on 01/06/2004 (Entered: 01/06/2004)

01/05/2004 43 1933 Act MOTION by Individual Dfts to exceed page limitation to file reply to pla resp to motion to dismiss (rec reply) (sm) (Entered: 01/06/2004)

01/05/2004 A tag along case was received from Northern Dist of TX (3:03cv1950 Doucet v Hansen) per CTO #29 transferring this case to this MDL Ligitation and was assigned a Texarkana case number 5:04cv1 (sm) Modified on 01/12/2004 (Entered: 01/12/2004)

01/05/2004 44 MOTION by Underwriter Dfts Lehman Bros; Deutsche Bank; Wachovia and Morgan Stanley to exceed page limitation to file reply to motion to dismiss (rec reply) (sm) (Entered: 01/12/2004)

01/08/2004 45 ORDER granting [44-1] motion to exceed page limitation to file reply to motion to dismiss ( signed by Judge T. J. Ward ) cc: attys of record 1/8/04 (sm) (Entered: 01/12/2004)

01/08/2004 46 Reply by Underwriters Dfts to response to [25-1] motion to dismiss third consolidated amended class action complaint (sm) (Entered: 01/12/2004)

01/08/2004 47 ORDER granting [42-1] motion to exceed page limitation to file Reply in support of motion to dismiss ( signed by Judge T. J. Ward ) cc: attys of record 1/12/04 (sm)

(Entered: 01/12/2004)

01/08/2004 48 Reply of Dfts Deloitte & Touche to response to [22-1] motion to dismiss (sm) (Entered: 01/12/2004)

01/08/2004 49 ORDER granting [43-1] motion to exceed page limitation to file reply to pla resp to motion to dismiss ( signed by Judge T. J. Ward ) cc: attys of record 1/8/04 (sm) (Entered: 01/12/2004)

01/08/2004 50 Reply by 1933 Act Individual Dfts to response to [25-1] motion to dismiss third consolidated amended class action complaint (sm) (Entered: 01/12/2004)

01/13/2004 51 Notice of Hearing on Motions to Dismiss; set 1/22/04 @ 3:30 p.m. in Marshall, TX. (shd) (Entered: 01/13/2004)

01/14/2004 52 AMENDED Certificate of Conference in connection with individual dfts motion for leave to file reply in excess of page limit (sm) (Entered: 01/15/2004)

01/14/2004 52 AMENDED Certificate of Conference in connection with individual dfts motion to excee page limit to file reply brief RE: Motion to dismiss (mpv) (Entered: 01/15/2004)

01/22/2004 53 Supplemental response/addition to [25-1] motion to dismiss third consolidated amended class action complaint by plaintiff In re: Fleming Co (FILED IN MARSHALL DIV) (sm) Modified on 01/26/2004 (Entered: 01/26/2004)

01/22/2004 56 Minutes Re: by Judge T. J. Ward on motions to dismiss on 1/22/04 (Ct rep/ECRO: Shea Sloan) (sm) (Entered: 02/02/2004)

01/30/2004 54 Reply/Response by Dft Deloitte & Touche to pla errata insert and supplemental addition in oppoisition to [25-1] motion to dismiss third consolidated amended class action complaint (sm) (Entered: 01/30/2004)

01/30/2004 55 Reply to pla errata insert and supplemental response/opposition to [25-1] motion to dismiss third consolidated amended class action complaint (sm) (Entered: 02/02/2004)

02/17/2004 57 JOINT MOTION to Amend/Correct Scheduling Order by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (sm, ) (Entered: 02/19/2004)

02/23/2004 58 ORDER granting 57 Motion to Amend/Correct Scheduling Order ORDERING that pla motion for class certification will be due 14 days after court rules on motions to dismiss and deadlines for remaining briefing on motion for class cert will be adjusted based on the time allowed under the original scheduling order and dfts opposition to motion for class cert will be due 63 days after pla file motion and pla reply will be due 14 days after pla reply. Signed by Judge T. John Ward on 2/18/2004. (sm, ) (Entered: 02/23/2004)

03/15/2004 59 TRANSCRIPT of Proceedings held on January 23, 2004 before Judge Ward. Court Reporter: Shea Sloan (99 pages). (sm, ) (Entered: 03/18/2004)

03/16/2004 Terminated 5:02-cv-236 per #28 order in this case administratively closing Stroud v Hansen. (sm, ) (Entered: 03/16/2004)

05/10/2004 60 NOTICE of Change of Address/Change of Firm Affiliation by In re: Fleming

Companies, Inc., Securities & Derivative Litigation (Attys: William S Lerach, Darren J Robbins, Steven W Pepich, Benny C Goodman III, and Ryan A Llorens)( Filed in Marshall Div) (mpv, ) (Entered: 05/18/2004)

06/16/2004 61 MEMORANDUM AND OPINION GRANTING IN PART and DENYING IN PART #15 Dft Shapiro motion to dismiss; GRANTING #16 Dft Davis motion to dismiss third amended complaint; GRANTED IN PART and DENYING IN PART #17 Dfts Joint Motion to Dismiss; GRANTING and DENYING IN PART #18 Dft Riders Supplemental Motion to Dismiss; GRANTING and DENYING IN PART #19 Dft Dahlen motion to dismiss third amended complaint; GRANTING IN PART and DENYING IN PART #20 motion to dismiss Third Amendeed Complaint by Dft Hansen; GRANTING IN PART and DENYING IN PART #21 Dft Lehman Bro motion to dismiss; DENYING #22 Dft Deloitte & Touche motion to dismiss and GRANTING IN PART and DENYING IN PART #25 1933 Act Individual Dfts motion to dismiss Third Amended Complaint. Signed by Judge T. John Ward on 6/10/2004. (sm, ) (Entered: 06/16/2004)

06/16/2004 Terminated Dft Stephen Davis per #61 order (sm, ) (Entered: 09/29/2004)

06/25/2004 62 ORDER DISMISSING EDWARD C JOULLIAN AND GUY A OSBORN WITH PREJUDICE. . Signed by Judge T. John Ward on 6/23/04. (mpv, ) (Entered: 06/25/2004)

06/28/2004 63 MOTION for Partial Reconsideration re 61 Memorandum & Opinion,,, by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 06/30/2004)

06/28/2004 64 FOURTH CONSOLIDATED AMENDED CLASS ACTION COMPLAINT against all defendants all defendants., filed by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Cover page, table of contents, pages 1-44) (Attachments: # 1 Supplement Pages 45-90# 2 Supplement Pages 91-135# 3 Supplement Pges 136-170# 4 Supplement Pages 171-205)(mpv, ) (Entered: 06/30/2004)

06/30/2004 65 MOTION for Leave to File motion for class certification in Excess Pages by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Received tendered motion) with Exhibit A (Exhibit not scanned) (Attachments: # 1 Text of Proposed Order)(sm, ) Modified on 7/1/2004 (sm, ). (Entered: 07/01/2004)

07/08/2004 66 ORDER granting 65 Motion for Leave to File motion for class certification in Excess Pages . Signed by Judge T. John Ward on 7/6/2004. (sm, ) (Entered: 07/08/2004)

07/08/2004 67 MOTION to Certify Class by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Exhibits # 2 Text of Proposed Order)(sm, ) (Entered: 07/08/2004)

07/16/2004 68 RESPONSE to Motion re 63 MOTION for Reconsideration re 61 Memorandum & Opinion,,, filed by Dft Mark Hansen, Securities & Derivative Litigation. (sm, ) Modified on 7/16/2004 (sm, ). (Entered: 07/16/2004)

07/16/2004 69 MOTION to adopt response of Dft Mark Hansen (#68) by Dft Mark Shapiro. (Attachments: # 1 Text of Proposed Order)(sm, ) Modified on 7/16/2004 (sm, ).

(Entered: 07/16/2004)

07/16/2004 70 RESPONSE to Motion re 63 MOTION for Reconsideration re 61 Memorandum & Opinion,,, filed by Dft Thomas Dahlen (sm, ) (Entered: 07/16/2004)

07/16/2004 71 FILED IN MARSHALL RESPONSE to Motion re 63 MOTION for Reconsideration re 61 Memorandum & Opinion,,, filed by Dft Neal Rider (sm, ) (Entered: 07/20/2004)

07/21/2004 72 ORDER that dfts time to answer, move, or otherwise respond to pla fourth consolidated Amended Class Action Complain shall be extended to 8/9/2004 and dfts need not answer pla third consolidated amended class action complaint. Signed by Judge T. John Ward on 7/20/2004. (sm, ) (Entered: 07/21/2004)

07/21/2004 Answer Due Deadline Updated for answering fourth class action complaint In re: Fleming Companies, Inc., Securities & Derivative Litigation - Defendants to 8/9/2004. (sm, ) (Entered: 07/21/2004)

07/23/2004 73 ORDER granting 69 Motion to adopt response of Dft Mark Hansen regarding pla motion for reconsideration . Signed by Judge T. John Ward on 7/21/2004. (sm, ) (Entered: 07/23/2004)

07/26/2004 74 REPLY to Response to Motion re 63 MOTION for Reconsideration re 61 Memorandum & Opinion,,, filed by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Exhibit Exhibit A# 2 Text of Proposed Order)(Baxter, Samuel) (Entered: 07/26/2004)

07/30/2004 75 SUR-REPLY to Plaintiff's Reply in Support of their Motion re 63 MOTION for Reconsideration re 61 Memorandum & Opinion,,, filed by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (mrm, ) (Entered: 07/30/2004)

08/03/2004 76 Joint MOTION to Amend/Correct 58 Order on Motion to Amend/Correct, Scheduling Order by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Text of Proposed Order)(Baxter, Samuel) (Entered: 08/03/2004)

08/06/2004 77 ORDER granting 76 Motion to Amend/Correct SCHEDULING ORDER. Answers to Fourth Consolidated Amended Complaint are due 9/10/04. Opposition to Motion for Class certification is due 11/3/04. Amended pleadings; Plaintiffs to join additional parties by 12/16/04. Sur-Reply in opposition to motion for class certification due 1/7/05. Dfts to answer or move with respect to amended Pleadings. Dfts to join additional parties by 1/17/05. Disclosure of Expert Testimony by Plas due 2/25/05. Disclosure of Expert Textimony by Dfts due 4/1/05. Mediation to be completed 4/15/05. Rebuttal Experts Reports by Plas due 5/2/05. Sur-Rebuttal Expert Reports by Dfts due 5/16/05. Fact and Expert Discovery Deadline is 5/27/05. All other deadlines under the Scheduling Order shall remain the same, provided however, that any party may apply to the Court to amend any deadline for good cause . Signed by Judge T. John Ward on 8/4/04. (mpv, ) (Entered: 08/06/2004)

08/13/2004 78 Joint MOTION for Extension of Time to Complete Discovery by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Exhibit Exhibit A# 2 Text of Proposed Order)(Chambers, James) (Entered: 08/13/2004)

08/17/2004 79 NOTICE of Change in Firm Names for certain attys for pla from case 5:02-cv-178 by In re: Fleming Companies, Inc., Securities & Derivative Litigation (sm, ) (Entered: 08/18/2004)

08/18/2004 80 ORDER granting 78 Motion for Extension of Time to Complete Discovery/Extend Mark Hansen's response to 9/15/2004 . Signed by Judge T. John Ward on 8/16/2004. (sm, ) (Entered: 08/18/2004)

09/10/2004 81 ANSWER to Amended Complaint by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Part 2# 2 Part 3)(Foret, Randall) (Entered: 09/10/2004)

09/10/2004 82 Neal Rider's ANSWER to Amended Complaint by In re: Fleming Companies, Inc., Securities & Derivative Litigation.(Weiland, Stephen) (Entered: 09/10/2004)

09/10/2004 83 Original ANSWER to Amended Complaint - Fourth Consolidated by Thomas. Dahlen.(Stephan, David) (Entered: 09/10/2004)

09/10/2004 84 ANSWER to Amended Complaint by Morgan Stanley & Co. Incorporated, Wachovia Securities, Inc., Deutsche Bank Securities Inc., Lehman Brothers Inc..(Even, Paul) (Entered: 09/10/2004)

09/10/2004 85 ANSWER to Amended Complaint (Fourth) by Mark D Shapiro. (Attachments: # 1 Continuation of Mark Shapiro's Answer (pgs. 41-79))(Hart, Terence) (Entered: 09/10/2004)

09/10/2004 86 ANSWER to Amended Complaint by Deloitte & Touche.(Bernstein, Keefe) (Entered: 09/10/2004)

09/10/2004 87 1933 Act Individual Defendants' ANSWER to Amended Complaint Pleading Continued as Attachment #1 by Alice M Peterson, Carlos M Hernandez, Robert S Hamada, Carol B Hallett, Archie R Dykes, Kenneth M Duberstein, Herbert M Baum. (Attachments: # 1)(Sumoski, Diane) (Entered: 09/10/2004)

09/15/2004 88 RESPONSE to 80 Order on Motion for Extension of Time to Complete Discovery file discovery responses by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 PART 2)(Foret, Randall) (Entered: 09/15/2004)

09/15/2004 Contacted atty filing #88 that requests for productions and reponses thereof are not filed with court, between parties and advised atty not to file in the future (sm, ) (Entered: 09/15/2004)

09/15/2004 Notified Attorney Michael Chepiga, Per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. (sm, ) (Entered: 09/15/2004)

09/15/2004 ***FILED IN ERROR. Document # 88, Pleading does not match the event docketed. PLEASE IGNORE and party must refile this pleading if they are responding to order if not do not docket anything else.*** (sm, ) (Entered: 09/15/2004)

09/23/2004 89 FILED UNDER SEAL NOTICE by Plaintiff and Additional Submission regarding

dismissal of Stephen Davis (sm, ) (Entered: 09/23/2004)

09/24/2004 90 Joint MOTION for Protective Order by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) (Entered: 09/24/2004)

09/28/2004 91 STIPULATED PROTECTIVE ORDER. Signed by Judge T. John Ward on 9/27/2004. (sm, ) (Entered: 09/29/2004)

09/29/2004 92 Amended ANSWER to Amended Complaint (Fourth) by Deutsche Bank Securities Inc., Lehman Brothers Inc., Morgan Stanley & Co. Incorporated, Wachovia Securities, Inc..(Even, Nicholas) (Entered: 09/29/2004)

10/04/2004 93 APPLICATION to Appear Pro Hac Vice by Attorney Kenneth R David for Morgan Stanley & Co. Incorporated; Wachovia Securities, Inc.; Deutsche Bank Securities Inc. and Lehman Brothers Inc.. (rml, ) (Entered: 10/04/2004)

10/04/2004 Pro Hac Vice Filing fee paid by Kenneth David; Fee: $25, receipt number: 103602 (rml, ) (Entered: 10/04/2004)

10/12/2004 94 FILED UNDER SEAL RESPONSE to 89 Notice (Other) of Additional Submission by Stephen. Davis. (sm, ) (Entered: 10/12/2004)

10/12/2004 95 APPLICATION to Appear Pro Hac Vice by Attorney T Brent Walker for Terry Slater, Anthony Colarich, Raheela Zaman, David Dickey and Joel Feliciano. (sm, ) (Entered: 10/12/2004)

10/12/2004 96 APPLICATION to Appear Pro Hac Vice by Attorney J Allen Carney for Terry Slater, Anthony Colarich, Raheela Zaman, David Dickey and Joel Feliciano. (sm, ) (Entered: 10/12/2004)

10/12/2004 97 APPLICATION to Appear Pro Hac Vice by Attorney Tiffany M Wyatt for Terry Slater, Anthony Colarich, Raheela Zaman, David Dickey and Joel Feliciano. (sm, ) (Entered: 10/12/2004)

10/12/2004 98 APPLICATION to Appear Pro Hac Vice by Attorney Marcus Bozeman for Terry Slater, Anthony Colarich, Raheela Zaman, David Dickey and Joel Feliciano. (sm, ) (Entered: 10/12/2004)

10/12/2004 Pro Hac Vice Filing fee paid by Walker, Carney, Wyatt and Bozeman; Fee: $100, receipt number: 103612 (sm, ) (Entered: 10/12/2004)

10/20/2004 99 IGNORE THIS DOCUMENT DUE TO DEFICIENT - WILL REFILE - MOTION to Quash Notice of Deposition by Anthony Colarich, Raheela Zaman. (Attachments: # 1 Exhibit Notice of Deposition# 2 Exhibit Notice of Deposition# 3 Text of Proposed Order Proposed Order)(Wyatt, Tiffany) Modified on 10/20/2004 (sm, ). (Entered: 10/20/2004)

10/20/2004 100 IGNORE THIS DOCUMENT DUE TO DEFICIENT - WILL REFILE - NOTICE by Named Plaintiffs of Withdrawal of Raheela Zaman and Anthony Colarich (Wyatt, Tiffany) Modified on 10/20/2004 (sm, ). (Entered: 10/20/2004)

10/20/2004 ***FILED IN ERROR WILL REFILE DUE TO ATTY DID NOT SIGN. Documents #99 and #100, Motion to Continue and Notice. PLEASE IGNORE.***

(sm, ) (Entered: 10/20/2004)

10/20/2004 101 MOTION to Quash Notice of Deposition (replacing doc #99) by Anthony Colarich, Raheela Zaman. (Attachments: # 1 Exhibit Notice of Deposition# 2 Exhibit Notice of Deposition# 3 Text of Proposed Order Proposed Order)(Wyatt, Tiffany) (Entered: 10/20/2004)

10/20/2004 102 NOTICE by Named Plaintiffs to Withdraw Raheela Zaman and Anthony Colarich (replacing doc #100) (Wyatt, Tiffany) (Entered: 10/20/2004)

10/27/2004 103 NOTICE by Deutsche Bank Securities Inc., Lehman Brothers Inc., Morgan Stanley & Co. Incorporated, Wachovia Securities, Inc. of Service of Initial Disclosures (Even, Nicholas) (Entered: 10/27/2004)

10/27/2004 104 NOTICE of Disclosure by In re: Fleming Companies, Inc., Securities & Derivative Litigation (Foret, Randall) (Entered: 10/27/2004)

10/27/2004 105 NOTICE of Disclosure by Deloitte & Touche (Bernstein, Keefe) (Entered: 10/27/2004)

10/28/2004 106 NOTICE by In re: Fleming Companies, Inc., Securities & Derivative Litigation of Notice of Service of Plaintiffs' Initial Disclosures (Marks, Kenneth) (Entered: 10/28/2004)

10/28/2004 107 Consent MOTION to Amend/Correct 77 Order on Motion to Amend/Correct,,, Amended Scheduling Order by Herbert M Baum, Kenneth M Duberstein, Archie R Dykes, Carol B Hallett, Robert S Hamada, Carlos M Hernandez, Alice M Peterson. (Attachments: # 1)(Sumoski, Diane) (Entered: 10/28/2004)

10/29/2004 108 NOTICE by In re: Fleming Companies, Inc., Securities & Derivative Litigation Neal Rider's Notice of Service of Initial Disclosures (Weiland, Stephen) (Entered: 10/29/2004)

10/29/2004 109 NOTICE of Disclosure by Herbert M Baum, Kenneth M Duberstein, Archie R Dykes, Carol B Hallett, Robert S Hamada, Carlos M Hernandez, Alice M Peterson (Sumoski, Diane) (Entered: 10/29/2004)

11/02/2004 110 FILED UNDER SEAL MOTION to Compel and Brief by 1933 Individual Defendants. (sm, ) (Entered: 11/02/2004)

11/03/2004 111 ORDER granting 107 Motion to Amend/Correct Scheduling Order. ORDERED that the deadline for Dfts to file any opposition to Pla's motion for Class certification shall now be 11/17/04. All other deadlines under the Scheduling Order, as amended 8/6/04, shall remain the same, provided that any party may apply to the Court to amend any deadline for good cause . Signed by Judge T. John Ward on 11/1/04. (mpv, ) (Entered: 11/04/2004)

11/16/2004 112 STIPULATION re [110] MOTION to Compel by Named Plaintiffs. (Attachments: # 1)(Goodman, Benny) (Entered: 11/16/2004)

11/17/2004 113 RESPONSE in Opposition re 67 MOTION to Certify Class filed by Thomas. Dahlen. (Stephan, David) (Entered: 11/17/2004)

11/17/2004 114 Consent MOTION for Leave to File Excess Pages in Opposition to Plaintiffs'

Motion for Class Certification by Herbert M Baum, Kenneth M Duberstein, Archie R Dykes, Carol B Hallett, Robert S Hamada, Carlos M Hernandez, Alice M Peterson. (Attachments: # 1 Text of Proposed Order)(Sumoski, Diane) (Entered: 11/17/2004)

11/17/2004 115 MOTION for Leave to File Excess Pages by Deloitte & Touche. (Attachments: # 1 Text of Proposed Order)(Bernstein, Keefe) (Entered: 11/17/2004)

11/17/2004 116 ***FILED IN ERROR PLEASE IGNORE CANNOT BE FILED UNTIL ORDER GRANTING LEAVE TO EXCEED PAGE LIMIT IS FILED*** RESPONSE in Opposition re 67 MOTION to Certify Class filed by Deloitte & Touche. (Attachments: # 1 Appendix # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L 1 of 2# 14 Exhibit L 2 of 2)(Bernstein, Keefe) Modified on 11/18/2004 (mpv, ). (Entered: 11/17/2004)

11/17/2004 ***FILED IN ERROR. Document # 116, Response in Opposition to Motion to Certify Class. CANNOT BE FILED UNTIL ORDER GRANTING MOTION TO EXCEED PAGE LIMIT IS FILED PLEASE IGNORE.*** (mpv, ) Modified on 11/18/2004 (mpv, ). (Entered: 11/18/2004)

11/17/2004 117 FILED UNDER SEAL RESPONSE in Opposition re 67 MOTION to Certify Class filed by JOINT Defendants. (sm, ) (Entered: 11/19/2004)

11/17/2004 118 FILED UNDER SEAL AFFIDAVIT/APPENDIX re [117] Response in Opposition to Motion by Individual Defendants. (filed in Marshall Div along with #117 response) (sm, ) (Entered: 11/19/2004)

11/17/2004 126 SEALED RESPONSE in Opposition re 67 MOTION to Certify Class filed by 1934 Individual Defendants. (mpv, ) (Entered: 11/29/2004)

11/19/2004 119 MOTION for Leave to File Excess Pages by Named Plaintiffs. (Pepich, Steven) (Entered: 11/19/2004)

11/19/2004 120 FILED IN ERROR - PLEASE IGNORE THIS DOCUMENT - RESPONSE in Opposition re [110] MOTION to Compel Production of Documents filed by Named Plaintiffs. (Attachments: # 1)(Pepich, Steven) Modified on 11/22/2004 (sm, ). (Entered: 11/19/2004)

11/19/2004 121 FILED IN ERROR - PLEASE IGNORE DOCUMENT - AFFIDAVIT in Opposition re [110] MOTION to Compel Production of Documents filed by Named Plaintiffs. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13)(Pepich, Steven) Modified on 11/22/2004 (sm, ). (Entered: 11/19/2004)

11/22/2004 ***FILED IN ERROR DUE TO SHOULD NOT OF BEEN FILED UNTIL ORDER RULING ON MOTION #119 WAS FILED. Document # #120 and #121, Response and Affadavit. PLEASE IGNORE THESE DOCUMENTS.*** (sm, ) (Entered: 11/22/2004)

11/22/2004 122 ORDER granting 114 Motion for Leave to File opposition to pla motion for certification of a june offering in Excess Pages . Signed by Judge T. John Ward on 11/22/2004. (sm, ) (Entered: 11/22/2004)

11/22/2004 123 ORDER granting 115 Motion for Leave to File opposition to pla motion for class certification in Excess Pages . Signed by Judge T. John Ward on 11/22/2004. (sm, ) (Entered: 11/22/2004)

11/22/2004 124 RESPONSE in Opposition re 67 MOTION to Certify Class filed by Deloitte & Touche. (Attachments: # 1 Appendix # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L - Part 1# 14 Exhibit L - Part 2)(Bernstein, Keefe) (Entered: 11/22/2004)

11/24/2004 125 ORDER re 112 Stipulation to extend time to respond to dfts motion to compel filed by Named Plaintiffs GRANTING the stiuplation and ORDERING that Taft Hartley Funds shall file and serve their response to dfts motion to compel on 11/19/2004.. Signed by Judge T. John Ward on 11/24/2004. (sm, ) (Entered: 11/24/2004)

11/29/2004 127 REPLY to Response to Motion re [110] MOTION to Compel filed by Herbert M Baum, Kenneth M Duberstein, Archie R Dykes, Carol B Hallett, Robert S Hamada, Carlos M Hernandez, Alice M Peterson. (Sumoski, Diane) (Entered: 11/29/2004)

12/01/2004 128 ORDER granting 119 Motion for Leave to File opposition to ind dfts motion to compel production in Excess Pages . Signed by Judge T. John Ward on 11/30/2004. (sm, ) (Entered: 12/01/2004)

12/01/2004 129 RESPONSE in Opposition re [110] MOTION to Compel Production of Documents filed by Named Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Pepich, Steven) (Entered: 12/01/2004)

12/01/2004 130 AFFIDAVIT in Opposition re [110] MOTION to Compel Production of Documents filed by Named Plaintiffs. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13)(Pepich, Steven) (Entered: 12/01/2004)

12/08/2004 131 MOTION to Amend/Correct Unopposed Motion to Amend Scheduling Order by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) (Entered: 12/08/2004)

12/09/2004 132 ORDER granting 131 Motion to Amend/Correct Scheduling Order and ORDERS that the deadline for pla reply in support of motion for class cert shall be 1/7/2005 and deadline for dfts sureply will be 2/1/2005 and all other deadlines under the scheduling order as amended on 8/6/2004 will remain the same. . Signed by Judge T. John Ward on 12/9/2004. (sm, ) (Entered: 12/09/2004)

12/09/2004 133 REPLY to Response to Motion re [110] MOTION to Compel Production of Documents; Sur-Reply filed by Named Plaintiffs. (Pepich, Steven) (Entered: 12/09/2004)

12/16/2004 134 First Amended ANSWER to Amended Complaint by Neal J Rider.(Weiland, Stephen) (Entered: 12/16/2004)

12/16/2004 156 SEALED FIFTH CONSOLIDATED AMENDED CLASS ACTION COMPLAINT against Thomas. Dahlen, Morgan Stanley & Co. Incorporated, Wachovia Securities, Inc., Deutsche Bank Securities Inc., Lehman Brothers Inc., Mark D Shapiro, Deloitte & Touche, Alice M Peterson, Carlos M Hernandez, Robert S Hamada, Carol B Hallett, Archie R Dykes, Kenneth M Duberstein, Herbert M Baum, Terry Slater, 1933 Individual Defendants, Neal J Rider, Mark S Hansen, In

re: Fleming Companies, Inc., Securities & Derivative Litigation ADDING A NEW DFT CORE-MARK INTERNATIONAL, filed by Named Plaintiffs.(Filed under seal in Marshall and not docketed until later)(sm, ) Modified on 1/20/2005 (sm, ). (Entered: 01/19/2005)

12/17/2004 Summons Issued as to Core-Mark International, Inc.. (sm, ) (Entered: 01/20/2005)

12/20/2004 135 APPLICATION to Appear Pro Hac Vice by Attorney S Gene Cauley for Raheela Zaman; Anthony Colarich and Terry Slater.(David Dickey, Joel Feliciano also listed) (rml, ) (Entered: 12/21/2004)

12/21/2004 Pro Hac Vice Filing fee paid by S Gene Cauley; Fee: $25, receipt number: 103720 (rml, ) (Entered: 12/21/2004)

12/28/2004 136 WITHDRAWN SEALED EXPEDITED MOTION to Compel production of documents from dft Deloitte & Touche by Named Plaintiffs (Filed in Marshall Div). (sm, ) Modified on 1/24/2005 (sm, ). WITHDRAWN per order #159 (Entered: 12/29/2004)

12/30/2004 137 ANSWER to Complaint Fifth Amended Consolidated Complaint by Neal J Rider.(Weiland, Stephen) (Entered: 12/30/2004)

01/06/2005 138 MOTION for Leave to File Excess Pages of Reply Briefs in Support of Their Motion for Class Certification by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) (Entered: 01/06/2005)

01/10/2005 139 ORDER granting 138 Motion for Leave to File Reply Briefs in Excess Pages . Signed by Judge T. John Ward on 1/10/2005. (sm, ) (Entered: 01/10/2005)

01/10/2005 140 MOTION for Extension of Time to File Response/Reply as to [136] MOTION to Compel by Deloitte & Touche. (Attachments: # 1 Text of Proposed Order)(Bernstein, Keefe) (Entered: 01/10/2005)

01/10/2005 141 RESPONSE in Support re 67 MOTION to Certify Class filed by Named Plaintiffs. (Pepich, Steven) (Entered: 01/10/2005)

01/10/2005 142 AFFIDAVIT in Support re 67 MOTION to Certify Class filed by Named Plaintiffs. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18 # 19)(Pepich, Steven) (Entered: 01/10/2005)

01/10/2005 143 SEALED REPLY to Response to Motion re 67 MOTION to Certify Class filed by Jackson Capital Mgt. (FILED UNDER SEAL IN MARSHALL DIV) (sm, ) (Entered: 01/11/2005)

01/14/2005 144 Original ANSWER to Complaint Plaintiff's Fifth Consolidated Amended Class Action Complaint by Thomas. Dahlen.(Stephan, David) (Entered: 01/14/2005)

01/14/2005 145 ORDER granting 140 Motion for Extension of Time to File Response/Reply re [136] MOTION to Compel Responses due by 1/18/2005. Signed by Judge T. John Ward on 1/14/2005. (sm, ) (Entered: 01/14/2005)

01/14/2005 146 Original ANSWER to Complaint Plaintiffs' Fifth Consolidated Amended Class Action Complaint by Alice M Peterson, Carlos M Hernandez, Robert S Hamada, Carol B Hallett, Archie R Dykes, Kenneth M Duberstein, Herbert M

Baum.(Sumoski, Diane) (Entered: 01/14/2005)

01/14/2005 147 MOTION for Extension of Time to File Answer , Move, or Otherwise Respond to Fifth Amended Complaint by Deloitte & Touche. (Attachments: # 1 Text of Proposed Order)(Bernstein, Keefe) (Entered: 01/14/2005)

01/17/2005 148 AMENDED ANSWER to Plaintiffs' Fifth Consolidated Amended Class Action Complaint by Alice M Peterson, Carlos M Hernandez, Robert S Hamada, Carol B Hallett, Archie R Dykes, Kenneth M Duberstein, Herbert M Baum. (Sumoski, Diane) (Entered: 01/17/2005)

01/17/2005 149 Defendant Mark Hansen's Original ANSWER to Amended Complaint Fifth Amended by Mark S Hansen.(Foret, Randall) (Entered: 01/17/2005)

01/17/2005 150 Defendant Mark Shapiro's ANSWER to Complaint (Plaintiff's Fifth Consolidated Amended Complaint) by Mark D Shapiro. (Attachments: # 1 Answer pgs 41-80# 2 Answer pgs 81-88)(Hart, Terence) (Entered: 01/17/2005)

01/17/2005 151 MOTION to Dismiss Plaintiffs' Section 10(b), Rule 10b-5 and Section 20 (a) Claims by Alice M Peterson, Carol B Hallett. (Attachments: # 1 Text of Proposed Order)(Sumoski, Diane) (Entered: 01/17/2005)

01/18/2005 152 APPLICATION to Appear Pro Hac Vice by Attorney Jon Lambiras for Named Plaintiffs and Jackson Capital Mgt. (rml, ) (Entered: 01/18/2005)

01/18/2005 Pro Hac Vice Filing fee paid by Jon Lambiras; Fee: $25, receipt number: 103763 (rml, ) (Entered: 01/18/2005)

01/18/2005 153 Underwriter Defendants' ANSWER to #156 Complaint (Plaintiffs' Fifth Consolidated Amended Class Action Complaint) by Morgan Stanley & Co. Incorporated, Wachovia Securities, Inc., Deutsche Bank Securities Inc., Lehman Brothers Inc..(Even, Nicholas) Modified on 1/19/2005 (sm, ). (Entered: 01/18/2005)

01/18/2005 154 SEALED AFFIDAVIT (APPENDIX)/BRIEF in support of 151 MOTION to Dismiss Plaintiffs' Section 10(b), Rule 10b-5 and Section 20 (a) Claims by Alice M Peterson, Carol B Hallett. (sm, ) (Entered: 01/19/2005)

01/19/2005 155 ORDER granting 147 Motion for Extension of Time to Answer from 1/18/2005 to 1/31/2005. . Signed by Judge T. John Ward on 1/18/2005. (sm, ) (Entered: 01/19/2005)

01/19/2005 157 MOTION to Withdraw Plaintiffs' Expedited Motion to Compel Production of Documents from Defendant Deloitte & Touche, LLP by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) (Entered: 01/19/2005)

01/20/2005 158 SUMMONS Returned Executed by Named Plaintiffs. Core-Mark International, Inc. served on 1/5/2005, answer due 1/25/2005. (sm, ) (Entered: 01/20/2005)

01/24/2005 159 ORDER granting 157 Motion to Withdraw [136] SEALED MOTION to Compel . Signed by Judge T. John Ward on 1/20/2005. (sm, ) (Entered: 01/24/2005)

01/25/2005 160 First MOTION for Extension of Time to File Answer re [156] Complaint,, "Unopposed Motion to Extend Its Deadline to Move, Answer, or Otherwise

Respond to the Fifth Consolidated Amended Class Action Complaint" by Core-Mark International, Inc.. (Humphries, Scott) Additional attachment(s) added on 1/26/2005 (sm, ). (Entered: 01/25/2005)

01/26/2005 161 ORDER granting 160 Motion for Extension of Time to Answer Fifth Amended Complaint from 1/25/2005 to 2/18/2005. . Signed by Judge T. John Ward on 1/26/2005. (sm, ) (Entered: 01/26/2005)

01/26/2005 Answer Due Deadline Updated for Core-Mark International, Inc. to 2/18/2005 per order. (sm, ) (Entered: 01/26/2005)

01/27/2005 162 NOTICE by Fleming Post Confirmation Trust and Core-Mark International, Inc. "Defendant's Notice of Compliance With Protective Order" (Humphries, Scott) (Entered: 01/27/2005)

01/28/2005 163 MOTION for Extension of Time to File Answer re [156] Complaint,, by Deloitte & Touche. (Attachments: # 1 Text of Proposed Order)(Bernstein, Keefe) (Entered: 01/28/2005)

01/31/2005 164 ORDER granting 163 Motion for Extension of Time to Answer to Fifth Amended Complaint by 2/2/2005 . Signed by Judge T. John Ward on 1/31/2005. (sm, ) (Entered: 01/31/2005)

01/31/2005 Answer Due Deadline Updated for Deloitte & Touche to 2/2/2005. (sm, ) (Entered: 01/31/2005)

02/01/2005 165 MOTION for Leave to File Overlength Surreply by Deloitte & Touche. (Attachments: # 1 Exhibit Surreply# 2 Appendix Appendix to Surreply# 3 Text of Proposed Order)(Bernstein, Keefe) (Entered: 02/01/2005)

02/01/2005 166 MOTION for Leave to File Excess Pages for Defendants' Sur-Reply in Support of Opposition to Plaintiffs' Motion for Certification of a June Offering Section 11 Subclass by Alice M Peterson, Carlos M Hernandez, Robert S Hamada, Carol B Hallett, Archie R Dykes, Kenneth M Duberstein, Herbert M Baum. (Attachments: # 1)(Sumoski, Diane) (Entered: 02/01/2005)

02/01/2005 167 FILED IN ERROR - PLEASE IGNORE - RESPONSE in Opposition re 67 MOTION to Certify Class Defendants' Sur-Reply in Support of Opposition to Plaintiffs' Motion for Certification of a June Offering Section 11 Subclass filed by Alice M Peterson, Carlos M Hernandez, Robert S Hamada, Carol B Hallett, Archie R Dykes, Kenneth M Duberstein, Herbert M Baum. (Attachments: # 1)(Sumoski, Diane) Modified on 2/2/2005 (sm, ). (Entered: 02/01/2005)

02/01/2005 168 SEALED JOINT REPLY to Response to Motion re 67 MOTION to Certify Class filed by 1934 Individual Defendants (FILED IN MARSHALL DIV). (sm, ) (Entered: 02/02/2005)

02/02/2005 ***FILED IN ERROR - DOCUMENT WILL BE REFILED ONCE MOTION #166 IS RULED ON. Document # 167, Response. PLEASE IGNORE.*** (sm, ) (Entered: 02/02/2005)

02/02/2005 169 APPLICATION to Appear Pro Hac Vice by Attorney Casey M Preston for Jackson Capital Mgt Lead Plaintiff. (sm, ) (Entered: 02/02/2005)

02/02/2005 Pro Hac Vice Filing fee paid by Casey Preston; Fee: $25, receipt number: 103792 (sm, ) (Entered: 02/02/2005)

02/02/2005 170 APPLICATION to Appear Pro Hac Vice by Attorney Jerome M Marcus for Jackson Capital Mgt lead pla. (sm, ) (Entered: 02/02/2005)

02/02/2005 Pro Hac Vice Filing fee paid by Jerome Marcus; Fee: $25, receipt number: 103793 (sm, ) (Entered: 02/02/2005)

02/02/2005 171 APPLICATION to Appear Pro Hac Vice by Attorney Glen L Abramson for Jackson Capital Mgt. (sm, ) (Entered: 02/02/2005)

02/02/2005 Pro Hac Vice Filing fee paid by Glen Abramson; Fee: $25, receipt number: 103794 (sm, ) (Entered: 02/02/2005)

02/02/2005 172 Section 11 ANSWER to Complaint with Jury Demand by Deloitte & Touche.(Bernstein, Keefe) (Entered: 02/02/2005)

02/02/2005 173 SEALED MOTION to Dismiss Section 10b Claim with Brief and Appendix in support by Deloitte & Touche. (ALL UNDER SEAL) (sm, ) (Entered: 02/02/2005)

02/02/2005 174 SEALED MOTION to Strike Section 11 Claim in Part with Brief and Appendix in support - SAME AS PLEADING #173 - 2 part motion by Deloitte & Touche. (ALL FILED UNDER SEAL) (sm, ) (Entered: 02/02/2005)

02/02/2005 REQUEST for ORAL HEARING RE: #173 and #174 motions filed by Dft Deloitte & TOuche (sm, ) (Entered: 02/02/2005)

02/02/2005 175 ORDER granting 165 Deloitte & TOuche's Motion for Leave to File Surreply in excess page limit. Signed by Judge T. John Ward on 2/2/2005. (sm, ) (Entered: 02/02/2005)

02/02/2005 176 ORDER granting 166 Dfts Motion for Leave to File Excess Pages a Surreply to pla motion for certification of a June offering section 11. Signed by Judge T. John Ward on 2/2/2005. (sm, ) (Entered: 02/02/2005)

02/02/2005 177 REPLY to Response to Motion re 67 MOTION to Certify Class Defendants' Sur-Reply in Support of Opposition to Plaintiffs' Motion for Certification of a June Offering Section 11 Subclass filed by Alice M Peterson, Carlos M Hernandez, Robert S Hamada, Carol B Hallett, Archie R Dykes, Kenneth M Duberstein, Herbert M Baum. (Attachments: # 1 Appendix)(Sumoski, Diane) (Entered: 02/02/2005)

02/03/2005 178 RESPONSE/SURREPLY in Opposition re 67 MOTION to Certify Class Surreply filed by Deloitte & Touche. (Attachments: # 1 Appendix)(Bernstein, Keefe) Modified on 2/3/2005 (sm, ). (Entered: 02/03/2005)

02/07/2005 179 NOTICE by Jackson Capital Mgt Notice of Non-Party Deposition of David Enholm (Attachments: # 1 Subpoena for Non-Party)(Marks, Kenneth) (Entered: 02/07/2005)

02/09/2005 180 NOTICE by Jackson Capital Mgt Notice of Deposition of Non-Party Steve Eaton (Attachments: # 1 Subpoena of Non-Party Steve Eaton)(Marks, Kenneth) (Entered: 02/09/2005)

02/11/2005 181 MOTION for Extension of Time to File Response/Reply Agreed Motion to Extend Time to Answer Defs. C.Hallett, et al.'s Motion to Dismiss Plaintiffs' Section 10(b), rule 10b-5 and Section 20(a) Claims by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Marks, Kenneth) (Entered: 02/11/2005)

02/14/2005 182 MOTION for Extension of Time to File Response/Reply Unopposed Motion to Extend Their Deadline to Oppose Defendant Deloitte & Touche LLP's Motion to Dismiss the Section 10(b) Claim and to Strike the Section 11 Claim in Part by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) (Entered: 02/14/2005)

02/16/2005 183 MOTION for Extension of Time to File Answer re [156] Complaint,, "Defendants Fleming Post-Confirmation Trust and Coremark's Unopposed Motion to Extend Its Deadline to Move, Answer, or Otherwise Respond to the Fifth Consolidated Amended Class Action Complaint" by Fleming Post Confirmation Trust and Core-Mark International, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Humphries, Scott) (Entered: 02/16/2005)

02/17/2005 184 ORDER granting 183 Motion for Extension of Time for Core-Mark Intl to Answer to Fifth Amended Complaint from 2/18/2005 to 3/18/2005. . Signed by Judge T. John Ward on 2/17/2005. (sm, ) (Entered: 02/17/2005)

02/17/2005 Answer Due Deadline Updated for Core-Mark International, Inc. to 3/18/2005 per order extending time. (sm, ) (Entered: 02/17/2005)

02/17/2005 185 ORDER granting 182 Motion for Extension of Time to File Response/Reply re [173] MOTION to Dismiss Responses due by 3/11/2005. Signed by Judge T. John Ward on 2/17/2005. (sm, ) (Entered: 02/17/2005)

02/23/2005 186 MOTION to Amend/Correct Agreed Motion to Amend the Scheduling Order and Set New Trial Date by Thomas. Dahlen, Morgan Stanley & Co. Incorporated, Wachovia Securities, Inc., Deutsche Bank Securities Inc., Lehman Brothers Inc., Mark D Shapiro, Deloitte & Touche, Alice M Peterson, Carlos M Hernandez, Robert S Hamada, Carol B Hallett, Archie R Dykes, Kenneth M Duberstein, Herbert M Baum, Stephen. Davis, Terry Slater, Named Plaintiffs, 1933 Individual Defendants, Neal J Rider, Jackson Capital Mgt, Mark S Hansen, In re: Fleming Companies, Inc., Securities & Derivative Litigation, In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) (Entered: 02/23/2005)

03/03/2005 187 NOTICE by Alice M Peterson, Carlos M Hernandez, Robert S Hamada, Carol B Hallett, Archie R Dykes, Kenneth M Duberstein, Herbert M Baum of Supplemental Authority in Support of Defendants' Opposition to Plaintiffs' Motion for Certification of a June Offering Section 11 Subclass (Sumoski, Diane) (Entered: 03/03/2005)

03/04/2005 188 AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 2/9/2006 09:30 AM in Ctrm 106 (Marshall) before Judge T. John Ward. Identify trial witnesses by 1/24/2006 Jury Selection set for 3/6/2006 09:00 AM in Ctrm 319 (Texarkana) before Judge T. John Ward. Motions due by 11/9/2005.. Signed by Judge T. John Ward on 3/4/2005. (sm, ) (Entered: 03/04/2005)

03/09/2005 189 SEALED MOTION and Brief to Compel Discovery Responses from pla with

Exhibit that includes Appendix in Support by Deloitte & Touche. (sm, ) (Entered: 03/09/2005)

03/11/2005 190 SEALED MEMORANDUM IN LAW RESPONSE in Opposition re [173] MOTION to Dismiss by Deloitte & Touche filed by Named Plaintiffs (FILED IN MARSHALL DIV). (sm, ) (Entered: 03/14/2005)

03/14/2005 191 NOTICE by Deloitte & Touche re 124 Response in Opposition to Motion, of supplemental authority in support (Attachments: # 1 Exhibit A)(Aradi, Edwin) (Entered: 03/14/2005)

03/16/2005 192 MOTION for Extension of Time to File "Unopposed Motion to Extend Its Deadline to Move, Answer, Or Otherwise Respond to The Fifth Consolidated Amended Class Action Complaint" by Fleming Post Confirmation Trust and Core-Mark International, Inc.. (Attachments: # 1 Text of Proposed Order)(Humphries, Scott) Additional attachment(s) added on 3/16/2005 (sm, ). (Entered: 03/16/2005)

03/17/2005 193 Amended MOTION for Extension of Time to File Response/Reply to Hallett and Peterson's Motion to Dismiss by Jackson Capital Mgt AMENDING #181. (Marks, Kenneth) Modified on 3/18/2005 (sm, ). Additional attachment(s) added on 3/18/2005 (sm, ). (Entered: 03/17/2005)

03/17/2005 194 NOTICE by Alice M Peterson, Carlos M Hernandez, Robert S Hamada, Carol B Hallett, Archie R Dykes, Kenneth M Duberstein, Herbert M Baum re 187 Notice (Other), Notice (Other), 177 Reply to Response to Motion, Further Supplemental Authority in Support of Defendants' Opposition to Plaintiffs' Motion for Certification of a June Offering Section 11 Subclass (Attachments: # 1 Exhibit Exhibit A)(Sumoski, Diane) (Entered: 03/17/2005)

03/18/2005 195 MOTION for Extension of Time to File Response/Reply Unopposed Motion to Extend Their Deadline to Oppose Defendant Deloitte & Touche LLP's Motion to Compel Discovery Responses from Plaintiffs by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) (Entered: 03/18/2005)


03/24/2005 197 ORDER granting 192 Motion for Extension of Time to File response to Fifth Amended Complaint from 3/18/2005 to 4/11/2005 . Signed by Judge T. John Ward on 3/24/2005. (sm, ) (Entered: 03/24/2005)

03/24/2005 198 ORDER granting 193 Motion for Extension of Time of 30 days to File Response/Reply re 151 MOTION to Dismiss Plaintiffs' Section 10(b), Rule 10b-5 and Section 20 (a) Claims . Signed by Judge T. John Ward on 3/24/2005. (sm, ) (Entered: 03/24/2005)

03/28/2005 199 MOTION for Extension of Time to File Response/Reply Second Unopposed Motion to Extend Their Deadline to Oppose Defendant Deloitte & Touche LLP's Motion to Compel Discovery Responses from Plaintiffs by Jackson Capital Mgt, In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) (Entered: 03/28/2005)

03/29/2005 200 MOTION for Leave to File Excess Pages in Support of Its Motion to Dismiss by Deloitte & Touche. (Attachments: # 1 Text of Proposed Order)(Aradi, Edwin) (Entered: 03/29/2005)


03/30/2005 202 ORDER granting 200 Motion for Leave to File Reply in support of motion to dismiss in Excess Pages . Signed by Judge T. John Ward on 3/30/2005. (sm, ) (Entered: 03/30/2005)

03/30/2005 203 FILED UNDER SEAL REPLY to Response to Motion re [173] MOTION to Dismiss filed by Deloitte & Touche. (sm, ) (Entered: 03/30/2005)

03/31/2005 204 Post Confirmation Trust, Core-Mark and Fleming Companies' ANSWER to Complaint with Jury Demand Post Confirmation Trust's, First THIRD PARTY COMPLAINT against Albert Abood, John K Adams, Michael J Cavallero, Rosario Consiglio, Dahlen, Steven Davis, Dole Fresh Fruit Company, Peter Frank, James Green, Bruce Jensen, Bruce Keith Jensen, Phillip Murphy, Charles Myers, Scott Northcutt, Robinson, John D Robinson, Stephen Schmidt, Jim Thatcher, Christopher Thorpe, First CROSSCLAIM against Deloitte & Touche LLP, Mark Hansen, Neal Rider, Mark Shapiro by Fleming Post Confirmation Trust and Core-Mark International, Inc..(Humphries, Scott) (Entered: 03/31/2005)

03/31/2005 205 MOTION to Reopen Case "Motion to Reopen Administratively Closed Derivative Actions" by Fleming Post-Confirmation Trust. (Attachments: # 1 Exhibit Exhibits 1-5# 2 Exhibit Exhibit 6 (Part 1 of 5)# 3 Exhibit Exhibit 6 Part 2 of 5# 4 Exhibit Exhibit 6 Part 3 of 5# 5 Exhibit Exhibit 6 Part 4 of 5# 6 Exhibit Exhibit 6 Part 5 of 5)(Humphries, Scott) Additional attachment(s) added on 4/1/2005 (sm, ). (Entered: 03/31/2005)

04/01/2005 206 MOTION to Set Deposition Limit by Jackson Capital Mgt, In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) (Entered: 04/01/2005)

04/08/2005 208 SEALED RESPONSE in Opposition re [189] MOTION to Compel filed by plaintiffs. (sm, ) (Entered: 04/11/2005)

04/11/2005 207 ORDER that pla have 30 additional days to respond to 181 MOTION for Extension of Time to File Response/Reply Agreed Motion to Extend Time to Answer Defs. C.Hallett, et al.'s Motion to Dismiss Plaintiffs' Section 10(b), rule 10b-5 and Section 20(a) Claims filed by In re: Fleming Companies, Inc., Securities & Derivative Litigation, . Signed by Judge T. John Ward on 4/11/2005. (sm, ) (Entered: 04/11/2005)

04/15/2005 209 Joint MOTION to Extend Deadline for Completion of Mediation by Morgan Stanley & Co. Incorporated, Wachovia Securities, Inc., Deutsche Bank Securities Inc., Lehman Brothers Inc., Named Plaintiffs. (Attachments: # 1 Text of Proposed Order Proposed Order)(Behrens, Richard) (Entered: 04/15/2005)

04/18/2005 210 Second MOTION for Extension of Time to File Response/Reply as to 151 MOTION to Dismiss Plaintiffs' Section 10(b), Rule 10b-5 and Section 20 (a)

Claims by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Marks, Kenneth) Additional attachment(s) added on 4/18/2005 (sm, ). (Entered: 04/18/2005)

04/18/2005 211 MOTION for Extension of Time to File Response/Reply as to 204 Answer to Complaint,,, Third Party Complaint,,, Crossclaim,, Unopposed by Deloitte & Touche LLP. (Attachments: # 1 Text of Proposed Order)(Aradi, Edwin) (Entered: 04/18/2005)

04/18/2005 212 MOTION for Leave to File Excess Pages for Reply in Support of Motion to Compel by Deloitte & Touche. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(Aradi, Edwin) (Entered: 04/18/2005)

04/18/2005 213 RESPONSE in Opposition re 206 MOTION to Set Deposition Limit filed by Morgan Stanley & Co. Incorporated, Wachovia Securities, Inc., Deutsche Bank Securities Inc., Lehman Brothers Inc.. (Attachments: # 1 Exhibit Hearing Minutes and Order in Pirelli Armstrong v. Dynegy Inc., et al.)(Behrens, Richard) (Entered: 04/18/2005)

04/18/2005 214 RESPONSE to Motion re 206 MOTION to Set Deposition Limit filed by Thomas. Dahlen, Mark D Shapiro, Alice M Peterson, Carlos M Hernandez, Robert S Hamada, Carol B Hallett, Archie R Dykes, Kenneth M Duberstein, Herbert M Baum, Neal J Rider, Mark S Hansen. (Sumoski, Diane) (Entered: 04/18/2005)

04/18/2005 215 ORDER granting 209 Motion extending deadline for completion of mediation by 60 days to 6/14/2005. Signed by Judge T. John Ward on 4/18/2005. (sm, ) (Entered: 04/18/2005)

04/18/2005 216 RESPONSE in Opposition re 206 MOTION to Set Deposition Limit filed by Deloitte & Touche. (Attachments: # 1 Text of Proposed Order)(Aradi, Edwin) (Entered: 04/18/2005)

04/20/2005 217 ORDER granting 211 MOTION for Extension of Time to File Response/Reply as to 204 Answer to Complaint, Third Party Complaint, Crossclaim, Unopposed. IT IS HEREBY ORDERED THAT: the Motion is GRANTED, and Deloitte & Touche LLP's deadline to move, answer, or otherwise respond to the Cross-Complaint filed by the Post-Confirmation Turst shall be 5/31/05 . Signed by Judge T. John Ward on 4/20/05. (mpv, ) (Entered: 04/20/2005)

04/20/2005 218 ORDER granting 212 Motion for Leave to File Excess Pages/Reply in support of its Motion to Compel Discovery Responses from Plaintiffs. Signed by Judge T. John Ward on 4/20/05. (mpv, ) (Entered: 04/20/2005)

04/20/2005 219 REPLY to Response to Motion re [189] MOTION to Compel Discovery Responses From Plaintiffs filed by Deloitte & Touche. (mpv, ) (Entered: 04/20/2005)

04/20/2005 220 ORDER granting 210 Motion for Extension of Time to File Response/Reply to Dfts Hallett and Peterson's motion to dismiss Plas' Section 10(b), Rule 10b-5, and Section 20(a)Claims. IT IS THEREFORE ORDERED as follows: Plas shall have seven additional days to respond to the motion. Plas will not conduct additional discovery against Hallett or Peterson prior to the date that the Plas' response to the motion is due. This Order in no way prejudices Hallett and Peterson's position that, pursuant to the Private Securities Litigation Reform Act of 1995, discovery against

them is stayed until the motion is ruled upon by this Court . Signed by Judge T. John Ward on 4/20/05. (mpv, ) (Entered: 04/20/2005)

04/20/2005 221 STIPULATION re 204 Answer to Complaint,,, Third Party Complaint,,, Crossclaim,, by Mark Hansen. (Foret, Randall) (Entered: 04/20/2005)

04/25/2005 222 ORDER that cross dfts shall have until 5/31/2005 to answer or otherwise respond to PCT's Cross Complaint and Original Complaint re 221 Stipulation filed by Mark Hansen,, Thomas. Dahlen answer due 5/31/2005; Neal J Rider answer due 5/31/2005; Steven Davis answer due 5/31/2005; Phillip Murphy answer due 5/31/2005; Scott Northcutt answer due 5/31/2005; Jim Thatcher answer due 5/31/2005; Mark Hansen answer due 5/31/2005; Mark Shapiro answer due 5/31/2005.. Signed by Judge T. John Ward on 4/22/2005. (sm, ) (Entered: 04/25/2005)

04/25/2005 223 RESPONSE in Opposition re 151 MOTION to Dismiss Plaintiffs' Section 10(b), Rule 10b-5 and Section 20 (a) Claims PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS CAROL HALLETT AND ALICE PETERSON'S MOTION TO DIMISS PLAINTIFFS' SECTION 10(b), RULE 10b-5 AND SECTION 20(a) CLAIMS filed by Jackson Capital Mgt, In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Exhibit 1-2# 2 Exhibit 3# 3 Exhibit 4-5# 4 Exhibit 6 Part 1# 5 Exhibit 6 Part 2)(Baxter, Samuel) (Entered: 04/25/2005)

04/25/2005 225 CONDITIONAL TRANSFER ORDER from MDL Panel ORDERING that pursuant to 28 USC 1407 this action (1:04-55527/Delaware District - Twin City Fire Ins Co v Fleming)is transferred to the Eastern Dist of TX to Honorable Ward for inclusion in the coordinated or consolidated pretrial proceedings occuring there in this docket. (Sent certified copy of this order to Delaware District - Bankruptcy Court with letter requesting file) (sm, ) (Entered: 04/26/2005)

04/26/2005 224 NOTICE by Deloitte & Touche of Supplemental Authority in Support of its Opposition to Plaintiffs' Motion for Class Certification (Attachments: # 1 Exhibit A)(Aradi, Edwin) (Entered: 04/26/2005)

04/28/2005 226 REPLY to Response to Motion re 206 MOTION to Set Deposition Limit PLAINTIFFS' REPLY IN FURTHER SUPPORT OF MOTION TO SET DEPOSITION LIMIT filed by Jackson Capital Mgt, In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Baxter, Samuel) (Entered: 04/28/2005)

04/28/2005 227 FILED IN ERROR - PLEASE IGNORE - REPLY to Response to Motion re 206 MOTION to Set Deposition Limit PLAINTIFFS' REPLY TO UNDERWRITER DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO SET DEPOSITION LIMITS filed by Anthony Colarich. (Wyatt, Tiffany) Modified on 4/29/2005 (sm, ). (Entered: 04/28/2005)

04/28/2005 228 MOTION for Leave to File Excess Pages PLAINTIFFS' MOTION FOR LEAVE OF COURT TO FILE REPLY TO THE UNDERWRITER DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO SET DEPOSITION LIMIT IN EXCESS OF PAGE LIMITS by Anthony Colarich. (Attachments: # 1)(Wyatt, Tiffany) (Entered: 04/28/2005)

04/29/2005 ***FILED IN ERROR - WILL REFILE AFTER RULING ON MOTION

FOR LEAVE. Document # #226, Reply. PLEASE IGNORE.*** (sm, ) (Entered: 04/29/2005)

04/29/2005 ***FILED IN ERROR - PLEASE IGNORE PREVIOUS NOTICE STRIKING #226. Document # 227, Reply is the one STRICKEN. PLEASE IGNORE #227.*** (sm, ) (Entered: 04/29/2005)

04/29/2005 229 Joint MOTION to extend deadline for completion of mediation by Plaintiffs and Deloitte & Touche by Deloitte & Touche. (Attachments: # 1 Text of Proposed Order)(Aradi, Edwin) (Entered: 04/29/2005)

04/29/2005 230 Joint MOTION for Extension of Time to File Response/Reply In Support of Hallett and Peterson's Motion to Dismiss by Alice M Peterson, Carol B Hallett. (Attachments: # 1 Text of Proposed Order)(Sumoski, Diane) (Entered: 04/29/2005)

05/05/2005 231 ORDER granting 229 Motion To Extend Deadline for Completion of Mediation. Accordingly, the deadline for Plas and Deloitte & Touche to complete mediation shall be extended by 60 days to 6/14/05. no other deadlines in the Amended Docket Control Order shall be affected by this Order . Signed by Judge T. John Ward on 5/5/05. (mpv, ) (Entered: 05/05/2005)

05/05/2005 Set/Reset Scheduling Order Deadlines: Mediation Completion due by 6/14/2005 for Plas and Deloitte & Touche Per Order #231. (mpv, ) (Entered: 05/05/2005)

05/05/2005 232 ORDER granting 230 Motion for Extension of Time to File Response/Reply re 151 MOTION to Dismiss Plaintiffs' Section 10(b), Rule 10b-5 and Section 20 (a) Claims Replies due by 6/6/2005.. Signed by Judge T. John Ward on 5/5/05. (mpv, ) (Entered: 05/05/2005)

05/05/2005 233 RESPONSE in Opposition re 206 MOTION to Set Deposition Limit Sur-Reply filed by Deloitte & Touche. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(Aradi, Edwin) (Entered: 05/05/2005)

05/09/2005 234 ORDER granting 228 Motion for Leave to File Reply to Underwriter Dfts Opposition to Pla motion to Set Deposition Limit in Excess Pages and pla shall file their reply within 10 days after this order is entered. Signed by Judge T. John Ward on 5/9/2005. (sm, ) (Entered: 05/09/2005)

05/09/2005 235 REPLY to Response to Motion re 206 MOTION to Set Deposition Limit PLAINTIFFS' REPLY TO UNDERWRITER DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO SET DEPOSITION LIMIT filed by Anthony Colarich. (Wyatt, Tiffany) (Entered: 05/09/2005)

05/09/2005 A tag along case was received from Bankruptcy Court in District of Delaware per Conditional Transfer Order (#225 on case docket) and was assigned case number 5:05cv92. (sm, ) Modified on 5/10/2005 (sm, ). (Entered: 05/10/2005)

05/11/2005 236 MOTION to Compel to Compel Production of SEC Transcripts by Jackson Capital Mgt, In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Exhibit 1-6# 2 Text of Proposed Order)(Baxter, Samuel) (Entered: 05/11/2005)

05/12/2005 237 WAIVER OF SERVICE Returned Executed by Core-Mark International, Inc.. Phillip Murphy waiver sent on 4/25/2005, answer due 6/24/2005. (sm, ) (Entered: 05/13/2005)

05/12/2005 238 WAIVER OF SERVICE Returned Executed by Core-Mark International, Inc.. Jim Thatcher waiver sent on 4/28/2005, answer due 6/27/2005. (sm, ) (Entered: 05/13/2005)

05/12/2005 239 WAIVER OF SERVICE Returned Executed by Core-Mark International, Inc.. Scott Northcutt waiver sent on 4/26/2005, answer due 6/27/2005. (sm, ) (Entered: 05/13/2005)

05/12/2005 240 WAIVER OF SERVICE Returned Executed by Core-Mark International, Inc.. Peter Frank waiver sent on 4/13/2005, answer due 6/13/2005. (sm, ) (Entered: 05/13/2005)

05/12/2005 241 WAIVER OF SERVICE Returned Executed by Core-Mark International, Inc.. Stephen Schmidt waiver sent on 4/20/2005, answer due 6/20/2005. (sm, ) (Entered: 05/13/2005)

05/12/2005 242 WAIVER OF SERVICE Returned Executed by Core-Mark International, Inc.. Charles Myers waiver sent on 4/11/2005, answer due 6/10/2005. (sm, ) (Entered: 05/13/2005)

05/16/2005 243 ORDER that Dft Fleming Post-Confirmation Trust motion to reopen administratively closed action (5:02cv236) be GRANTED and 5:02cv236 will be reopened and the Post Confirmation Trust will be added as a party plaintiff in these actions. . Signed by Judge T. John Ward on 5/16/2005. (sm, ) (Entered: 05/17/2005)

05/17/2005 Per order on 5:05cv92 (Twin City Fire Ins v Fleming) the court ORDERS that all documents in the case 5:05cv92 that relate to this MDL Fleming case be docketed on the master docket (5:03md1530) unless it is related to the individual case only (sm, ) (Entered: 05/17/2005)

05/26/2005 244 STIPULATION TO ENLARGE TIME FOR DEFENDANTS TO ANSWER OR OTHERWISE RESPOND TO POST-CONFIRMATION TRUST'S CROSS-COMPLAINT, THIRD PARTY COMPLAINT AND/OR ORIGINAL COMPLAINT by Mark Hansen. (Foret, Randall) (Entered: 05/26/2005)

05/26/2005 Answer Due Deadline for answer to cross complaint, third party complaint and orig complaint of Post Confirmation Trust Updated for Neal J Rider to 6/30/2005; Mark S Hansen to 6/30/2005; Albert Abood to 6/30/2005; Dahlen to 6/30/2005; Steven Davis to 6/30/2005; Phillip Murphy to 6/30/2005; Charles Myers to 6/30/2005; Scott Northcutt to 6/30/2005; Mark Shapiro to 6/30/2005. (sm, ) (Entered: 05/26/2005)

05/27/2005 245 Joint MOTION for Extension of Time to File Answer re 204 Answer to Complaint,,, Third Party Complaint,,, Crossclaim,, by Deloitte & Touche LLP. (Attachments: # 1 Text of Proposed Order)(Bernstein, Keefe) (Entered: 05/27/2005)

05/31/2005 246 MOTION to Dismiss or for More Definite Statement by Michael J Cavallero, Dole Fresh Fruit Company. Responses due by 6/15/2005 (Attachments: # 1 Text of

Proposed Order)(Israeloff, Sim) (Entered: 05/31/2005)

06/02/2005 247 ORDER granting 245 Motion for Extension of Time to Answer or otherwise responsd to PCT's cross-complaint by 6/21/2005 . Signed by Judge T. John Ward on 6/2/2005. (sm, ) (Entered: 06/02/2005)

06/02/2005 248 ORDER re 244 Stipulation filed by Mark Hansen, that dfts shall answer or otherwise respond to Post Confirmation Trust Complaint on or before 6/30/2005.. Signed by Judge T. John Ward on 6/2/2005. (sm, ) (Entered: 06/02/2005)

06/06/2005 249 Joint MOTION for Extension of Time to File Response/Reply in Support of Audit Committee Defendants' Motion to Dismiss by Alice M Peterson, Carol B Hallett. (Attachments: # 1 Text of Proposed Order)(Sumoski, Diane) (Entered: 06/06/2005)

06/08/2005 250 ORDER granting 249 Motion for Extension of Time to File Reply re 151 MOTION to Dismiss Plaintiffs' Section 10(b), Rule 10b-5 and Section 20 (a) Claims Replies due by 7/6/2005.. Signed by Judge T. John Ward on 6/8/2005. (sm, ) (Entered: 06/08/2005)

06/13/2005 251 MOTION for Extension of Time to File Response/Reply as to 246 MOTION to Dismiss or for More Definite Statement of Dole Fresh Fruit Company and Michael J. Cavallero by Post Confirmation Trust. (Attachments: # 1 Text of Proposed Order Proposed Order)(Humphries, Scott) (Entered: 06/13/2005)

06/14/2005 252 MOTION for Extension of Time to File AGREED MOTION TO 1933 ACT PLAINTIFFS AND UNDERWRITER DEFENDANTS TO EXTEND MEDIATION AND EXPERT REPORT DISCLOSURE DEADLINE by Named Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Goodman, Benny) (Entered: 06/14/2005)

06/15/2005 253 NOTICE of Change of Address by John Givens Emerson, Jr (Emerson, John) (Entered: 06/15/2005)

06/17/2005 254 ORDER granting 251 Motion for Extension of Time to File Response/Reply re 246 MOTION to Dismiss or for More Definite Statement Responses due by 6/29/2005. Signed by Judge T. John Ward on 6/17/2005. (sm, ) (Entered: 06/17/2005)

06/17/2005 255 ORDER granting 252 Motion for Extension of Time of Certain deadlines in the Amended docket control and order filed 4/18/2005 extending time of some deadlines . Signed by Judge T. John Ward on 6/17/2005. (sm, ) (Entered: 06/17/2005)

06/17/2005 Set/Reset Scheduling Order Deadlines: Mediation Completion now due by 8/15/2005; Disclosure of expert testimony by Pla is 8/26/2005 and 9/30/2005 for underwriter dfts; Rebuttal expert reports by pla are due by 10/10/2005 and dfts sur rebuttal reports by 10/19/2005. (sm, ) (Entered: 06/17/2005)

06/20/2005 256 Joint MOTION for Extension of Time to File Answer re 204 Answer to Complaint,,, Third Party Complaint,,, Crossclaim,, by Deloitte & Touche LLP. (Attachments: # 1 Text of Proposed Order)(Bernstein, Keefe) (Entered: 06/20/2005)

06/21/2005 257 ORDER granting 256 Motion for Extension of Time to Answer to PCI's Cross complaint up to 7/12/2005 . Signed by Judge T. John Ward on 6/21/2005. (sm, )

(Entered: 06/21/2005)

06/24/2005 258 STIPULATION To Extend Time to Respond to Interrogatories by Mark S Hansen. (Foret, Randall) (Entered: 06/24/2005)

06/24/2005 259 STIPULATION of Dismissal Notice and Order of Dismissal of Deloitte & Touche LLP with Prejudice and Without Costs by the Post Confirmation Trust by Deloitte & Touche LLP. (Bernstein, Keefe) (Entered: 06/24/2005)

06/27/2005 260 MDL TRANSFER ORDER Ordering that pursuant to 28 USC 1407 the action 1:04-57510 (Zurich Specialities London LTD v Fleming) in Delaware Bankruptcy Court is transferred to the Eastern Dist of Texas and, with the consent of the court, assigned to Honorable T. John Ward for inclusion in the coordinated or consolidated pretrial proceedings occuring there in this docket. (Sent letter and this order to Delaware Dist Bky). Signed by Judge Unassigned on 6/27/2005. (sm, ) (Entered: 06/28/2005)

06/28/2005 261 ORDER GRANTING 258 Stipulation filed by Mark S Hansen, ORDERING that Dft Mark Hansen shall respond to the interrorgatories on or before 7/15/2005.. Signed by Judge T. John Ward on 6/28/2005. (sm, ) (Entered: 06/28/2005)

06/28/2005 262 ***VACATED PER ORDER #275*** ORDER GRANTING 259 Stipulation of Dismissal filed by Deloitte & Touche LLP, ORDERING that the following are DISMISSED with prejudice without costs to either party: the Cross-Complaint and original complaint of the Post-Confirmation Trust as well as the original answer of Dfts Fleming to any and all claims against Deloitte & Touche LLP and FURTHER ORDERED that any and all claims against any other dfts are not affected by this order. . Signed by Judge T. John Ward on 6/28/2005. (sm, ) Modified on 7/8/2005 (mpv, ). (Entered: 06/28/2005)

06/28/2005 Summons Issued as to John D Robinson, 3rd Party Dft. (sm, ) (Entered: 06/28/2005)

06/29/2005 263 DEFICIENT DOCUMENT - PLEASE IGNORE - MOTION for Extension of Time to File Answer or Otherwise Respond to Post-Confirmation Trust's Cross-Complaint and Original Complaint by Mark Hansen. (Foret, Randall) Modified on 6/29/2005 (sm, ). (Entered: 06/29/2005)

06/29/2005 264 RESPONSE to Motion re 246 MOTION to Dismiss or for More Definite Statement Filed by Defendants Dole Fresh Fruit Co. and Michael Cavallero and Motion for Leave to Amend filed by Post Confirmation Trust. (Humphries, Scott) (Entered: 06/29/2005)

06/29/2005 NOTICE of Deficiency regarding the #263 Motion to Extend submitted Atty did not sign pleading so pleading must be REFILED - IGNORE THIS DOCUMENT. Correction should be made by 6/30/2005 (sm, ) (Entered: 06/29/2005)

06/29/2005 265 MOTION for Leave to File "Amended Complaint" by Post Confirmation Trust. (Humphries, Scott) Modified on 6/30/2005 (sm, ). Additional attachment(s) added on 6/30/2005 (sm, ). (Entered: 06/29/2005)

06/29/2005 266 MOTION for Extension of Time to File Answer replaces 263 MOTION for

Extension of Time to File Answer or Otherwise Respond to Post-Confirmation Trust's Cross-Complaint and Original Complaint by Mark Hansen. (Foret, Randall) Modified on 6/30/2005 (sm, ). (Entered: 06/29/2005)

06/30/2005 267 ORDER granting 266 Motion for Extension of Time to Answer or otherwise plead on or before 7/18/2005. . Signed by Judge T. John Ward on 6/30/2005. (sm, ) (Entered: 06/30/2005)

06/30/2005 268 MOTION to Dismiss the Complaint of the Post-Confirmation Trust by Peter Frank. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E (part 1)# 7 Exhibit E (part 2))(Jones, Michael) (Entered: 06/30/2005)

07/02/2005 269 MOTION for Extension of Time to File Response/Reply to Motion to Dismiss/For More Definite Statement by Michael J Cavallero, Dole Fresh Fruit Company. (Attachments: # 1 Text of Proposed Order)(Israeloff, Sim) (Entered: 07/02/2005)

07/05/2005 270 ORDER granting 269 Motion for Extension of Time to File Response/Reply re 246 MOTION to Dismiss or for More Definite Statement Replies due by 7/12/2005. Signed by Judge T. John Ward on 7/5/05. (mpv, ) (Entered: 07/05/2005)

07/05/2005 271 Joint MOTION for Extension of Time to File Response/Reply as to 151 MOTION to Dismiss Plaintiffs' Section 10(b), Rule 10b-5 and Section 20 (a) Claims by Alice M Peterson, Carol B Hallett. (Attachments: # 1 Text of Proposed Order)(Sumoski, Diane) (Entered: 07/05/2005)

07/05/2005 272 WAIVER OF SERVICE Returned Executed by Post Confirmation Trust. Christopher Thorpe waiver sent on 7/1/2005, answer due 8/30/2005. (mpv, ) (Entered: 07/06/2005)

07/06/2005 273 ORDER granting 271 Motion for Extension of Time to File Response/Reply re 151 MOTION to Dismiss Plaintiffs' Section 10(b), Rule 10b-5 and Section 20 (a) Claims. It is, therefore ORDERED that Dfts Hallett and Peterson shall file a reply, if any in support of their Motion to Dismiss Plas' Section 10(b), Rule 10b-5 and Section 20(a) claims on or before 8/5/05. Replies due by 8/5/2005.. Signed by Judge T. John Ward on 7/6/05. (mpv, ) (Entered: 07/06/2005)

07/06/2005 274 Joint MOTION for Entry of Judgment under Rule 54(b) by Deloitte & Touche LLP. (Attachments: # 1 Text of Proposed Order)(Aradi, Edwin) (Entered: 07/06/2005)

07/08/2005 275 ORDER VACATING 262 Order. The Court hereby vacats its order granting Pla Post Confirmation Trust of the Fleming Companies' Notice of Dismissal of Deloitte & Touche with Prejudice and without Costs. The Court will enter the Amended Order of Dismissal and Final Judgment file by Pla Post Confirmation Trust of the Fleming Companies and Dft Deloitte & Touche LLP on 7/6/05 . Signed by Judge T. John Ward on 7/8/05. (mpv, ) (Entered: 07/08/2005)

07/08/2005 276 AMENDED ORDER OF DISMISSAL AND FINAL JUDGMENT granting 274 Amended Motion for Entry of Judgment under Rule 54(b). IT IS THEREFORE ORDERED that the following are dismissed with prejudice and without costs to either party; the Corss-Complaint and Original Complaint of the Post Confirmation Turst as well as the Original Answer of the Dfts the Fleming Companies, the Post-

Confirmation Trust, and Core-Mark as to any and all counts and claims asserted against Deloitte & Touche LLP, including, but not limited to, Counts I, VII, IX, X, XI and XII. IT IS FURTHER ORDERED that pursuant to FRCP 54(b) there is notjust reason to delay entry of a final judgment with prejudice and without costs as to any and all counts and claims asserted against Deloitte & Touche LLP in the Cross-Complaint and Original Complaint of the Post-Confirmation Trust as well as the Original Answer of the Dfts the Fleming Companies, the Post-Confirmation Trust, and Core-Mark, including, but not limited to, Counts I, VII, IX, X, XI and XII, and final judgment is hereby entered. IT IS FURTHER ORDERED that any and all costs or claims against any other Dft are not affected by this Amended Order and Final Judgment . Signed by Judge T. John Ward on 7/8/05. (mpv, ) (Entered: 07/08/2005)

07/11/2005 277 ORDER denying as MOOT [173] Motion to Dismiss, denying [189] Motion to Compel . Signed by Judge T. John Ward on 7/11/2005. (sm, ) (Entered: 07/11/2005)

07/12/2005 278 REPLY to Response to Motion re 246 MOTION to Dismiss or for More Definite Statement filed by Michael J Cavallero, Dole Fresh Fruit Company. (Israeloff, Sim) (Entered: 07/12/2005)

07/12/2005 A tag along case was received from US Bankruptcy Court in Delaware (Their case number 04-57510) per MDL Transfer Order (#260) and assigned case number 5:05cv136. (sm, ) (Entered: 07/13/2005)

07/13/2005 279 ORDER denying as MOOT 101 Motion to Quash, denying 206 to set deposition limit . Signed by Judge T. John Ward on 7/13/2005. (sm, ) (Entered: 07/13/2005)

07/15/2005 280 Third MOTION for Extension of Time to Complete Discovery of Twin City by Mark Hansen. (Foret, Randall) Additional attachment(s) added on 7/15/2005 (sm, ). (Entered: 07/15/2005)

07/15/2005 281 Original ANSWER to Third Party Complaint of Fleming Companies Post Confirmation Trust by Steven Schmidt, Rosario Consiglio.(Gaither, R) (Entered: 07/15/2005)

07/15/2005 282 Third MOTION for Extension of Time to File Answer PCT Complaint by Mark Hansen. (Foret, Randall) (Entered: 07/15/2005)

07/15/2005 283 FILED IN ERROR - NOT A MOTION - PLEASE IGNORE - Third MOTION for Extension of Time to File PCT Complaint - Proposed Order by Mark Hansen. (Foret, Randall) Modified on 7/15/2005 (sm, ). (Entered: 07/15/2005)

07/15/2005 284 MOTION for Extension of Time to File Response/Reply as to 268 MOTION to Dismiss the Complaint of the Post-Confirmation Trust by Post Confirmation Trust. (Attachments: # 1 Text of Proposed Order)(Humphries, Scott) (Entered: 07/15/2005)

07/15/2005 ***FILED IN ERROR - PLEASE IGNORE DOCUMENT #283 - DOCUMENT WAS ONLY AN ORDER THAT SHOULD OF BEEN ATTACHED TO #282. Document # 283, Motion (Proposed Order). PLEASE IGNORE.***

(sm, ) (Entered: 07/15/2005)

07/18/2005 285 WAIVER OF SERVICE Returned Executed John D Robinson waiver sent on 7/12/2005, answer due 9/12/2005. (sm, ) (Entered: 07/18/2005)

07/18/2005 286 WAIVER OF SERVICE Returned Executed James Green waiver sent on 2/11/2005, answer due 4/12/2005. (sm, ) (Entered: 07/18/2005)

07/18/2005 287 ORDER granting 282 Motion for Extension of Time for Dfts to Answer or respond to Post Confrmation Trust Cross-Complaint and/or original complaint on or before 8/1/2005 . Signed by Judge T. John Ward on 7/18/2005. (sm, ) (Entered: 07/18/2005)

07/18/2005 288 ORDER granting 284 Motion for Extension of Time to File Response/Reply re 268 MOTION to Dismiss the Complaint of the Post-Confirmation Trust Responses due by 8/15/2005. Signed by Judge T. John Ward on 7/18/2005. (sm, ) (Entered: 07/18/2005)

07/18/2005 289 ORDER granting 280 Motion for Extension of Time to Complete Discovery on or before 8/1/2005. Signed by Judge T. John Ward on 7/18/2005. (sm, ) (Entered: 07/18/2005)

07/21/2005 Summons Issued as to Bruce Keith Jensen. (sm, ) (Entered: 07/21/2005)

07/21/2005 290 Consent MOTION to Amend/Correct Scheduling Order TO EXTEND EXPERT REPORT DISCLOSURE DEADLINE by Thomas. Dahlen, Mark D Shapiro, Deloitte & Touche, Alice M Peterson, Carlos M Hernandez, Robert S Hamada, Carol B Hallett, Archie R Dykes, Kenneth M Duberstein, Herbert M Baum, Neal J Rider, Jackson Capital Mgt, Mark S Hansen, Core-Mark International, Inc., Post Confirmation Trust, In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) Modified on 7/21/2005 (sm, ). (Entered: 07/21/2005)

07/25/2005 291 AMENDED WAIVER OF SERVICE Returned Executed by John K Adams waiver sent on 7/18/2005, answer due 9/16/2005 for John K Adams. (sm, ) (Entered: 07/25/2005)

07/25/2005 292 ORDER granting 290 Motion to Amend/Correct AMENDED Docket Control Order extending the expert report deadlines . Signed by Judge T. John Ward on 7/25/2005. (sm, ) Modified on 7/25/2005 (sm, ). (Entered: 07/25/2005)

08/02/2005 293 STIPULATION of Settlement by Deloitte & Touche, Jackson Capital Mgt, In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Baxter, Samuel) (Entered: 08/02/2005)

08/10/2005 294 NOTICE of Attorney Appearance by Allen Franklin Gardner on behalf of Peter Frank (Gardner, Allen) (Entered: 08/10/2005)

08/15/2005 295 SUMMONS Returned Executed by Core-Mark International, Inc.. Bruce Keith Jensen served via personal service on 8/3/2005, answer due 8/23/2005. (sm, ) (Entered: 08/15/2005)

08/15/2005 296 MOTION for Extension of Time to File Response/Reply as to 268 MOTION to Dismiss the Complaint of the Post-Confirmation Trust "Third Party Plaintiff Post-

Confirmation Trust's Unopposed Motion to Further Extend Its Deadline to Responde to the Motion to Dismiss of Defendant Peter Frank" by Post Confirmation Trust. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion)(Humphries, Scott) (Entered: 08/15/2005)

08/16/2005 297 ORDER granting 296 Motion for Extension of Time to File Response re 268 MOTION to Dismiss the Complaint of the Post-Confirmation Trust Responses now due by 9/9/2005. Signed by Judge T. John Ward on 8/16/2005. (sm, ) (Entered: 08/17/2005)

08/26/2005 298 APPLICATION to Appear Pro Hac Vice by Attorney Matthew T Boos for James Green. (mpv, ) (Entered: 08/26/2005)

08/26/2005 Pro Hac Vice Filing fee paid by Matthew T. Boos; Fee: $25, receipt number: 5-1-252 (mpv, ) (Entered: 08/26/2005)

08/30/2005 299 Answer of Defendant James Green to the Original Complaint of The Post-Confirmation Trust ANSWER to Third Party Complaint by James Green.(Boos, Matthew) (Entered: 08/30/2005)

08/30/2005 300 Answer of Defendant Christopher Thorpe to Original Complaint of the Post-Confirmation Trust ANSWER to Third Party Complaint by Christopher Thorpe.(Brumbaugh, Kay) (Entered: 08/30/2005)

08/31/2005 301 APPLICATION to Appear Pro Hac Vice by Attorney Steven Z Kaplan for James Green. (rml, ) (Entered: 08/31/2005)

08/31/2005 Pro Hac Vice Filing fee paid by Steven Kaplan; Fee: $25, receipt number: 5-1-265 (rml, ) Modified on 9/1/2005 (mpv, ). (Entered: 08/31/2005)

09/06/2005 302 MOTION for Extension of Time to File Response/Reply as to 268 MOTION to Dismiss the Complaint of the Post-Confirmation Trust by Post Confirmation Trust. (Attachments: # 1 Text of Proposed Order Proposed Order)(Humphries, Scott) (Entered: 09/06/2005)

09/07/2005 303 ORDER granting 302 Motion for Extension of Time to File Response/Reply re 268 MOTION to Dismiss the Complaint of the Post-Confirmation Trust Responses due by 9/14/2005. Signed by Judge T. John Ward on 9/7/2005. (sm, ) (Entered: 09/07/2005)

09/08/2005 304 NOTICE of Hearing: Telephone Conference RE: Preliminary Approval of Settlement Offer and Permission to Send out Class Notice on September 26, 2005 @ 2:30 pm before Judge Ward (sm, ) (Entered: 09/08/2005)

09/08/2005 305 NOTICE of Hearing: Settlement Conference (Hearing on oproposed settlement of class action) set for 11/29/2005 10:00 AM in Ctrm 106 (Marshall) before Judge T. John Ward. (sm, ) (Entered: 09/08/2005)

09/12/2005 306 MOTION for Extension of Time to File Answer , Move, or Otherwise Respond to the Cross-Complaint and Original Complaint of the Post-Confirmation Trust by John K Adams, John D Robinson. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2# 3 Exhibit B# 4 Exhibit C# 5 Text of Proposed Order)(Connop, Thomas) (Entered: 09/12/2005)

09/14/2005 307 Joint MOTION to Stay All Defendants by Thomas. Dahlen, Morgan Stanley & Co. Incorporated, Wachovia Securities, Inc., Lehman Brothers Inc., Mark D Shapiro, Deloitte & Touche, Alice M Peterson, Carlos M Hernandez, Robert S Hamada, Carol B Hallett, Archie R Dykes, Kenneth M Duberstein, Herbert M Baum, 1933 Individual Defendants, Neal J Rider, Mark S Hansen, Fleming Post Confirmation Trust and Core-Mark International, Inc., In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) (Entered: 09/14/2005)

09/14/2005 308 MOTION for Extension of Time to File Response/Reply as to 268 MOTION to Dismiss the Complaint of the Post-Confirmation Trust by Post Confirmation Trust. (Attachments: # 1 Text of Proposed Order Order Granting Unopposed Motion to Extend)(Humphries, Scott) (Entered: 09/14/2005)

09/15/2005 309 ORDER granting 307 Motion to Stay all deadlines. All deadlines in the Amended Docket Control Order filed 3/4/05, and the Order filed 7/25/05, are hereby stayed, except as to claims asserted by the Post-Confirmation Trust against Dole Fresh Fruit Company, Michael J. Cavallero, Rosario Coniglio, John K. Adams, Bruce Kieth Jensen, Peter Frank, James Green, Christopher Thorpe, and John D. Robinson. Signed by Judge T. John Ward on 9/15/05. (mpv, ) (Entered: 09/15/2005)

09/15/2005 310 ORDER granting 308 Motion for Extension of Time to File Response/Reply re 268 MOTION to Dismiss the Complaint of the Post-Confirmation Trust Responses due by 9/21/2005. Signed by Judge T. John Ward on 9/15/05. (mpv, ) (Entered: 09/15/2005)

09/16/2005 311 NOTICE of Change of Address by Benny C Goodman, III (Goodman, Benny) (Entered: 09/16/2005)

09/22/2005 312 MOTION for Extension of Time to File Response by Post Confirmation Trust. (Attachments: # 1 Text of Proposed Order)(Humphries, Scott) (Entered: 09/22/2005)

09/27/2005 313 ORDER granting 312 Motion for Extension of Time to File Response to Dft Franks motion to dismiss and response deadline is extended from 9/21/2005 to 9/28/2005. Signed by Judge T. John Ward on 9/27/2005. (sm, ) (Entered: 09/27/2005)

09/28/2005 314 RESPONSE to Motion re 268 MOTION to Dismiss the Complaint of the Post-Confirmation Trust And The PCT's Motion for Leave to Amend filed by Post Confirmation Trust. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D)(Humphries, Scott) (Entered: 09/28/2005)

09/29/2005 315 NOTICE of telephone conference re: preliminary approval of settlement offer and permission to send out class notice; RESET to 10:00 AM on 10/12/05. Attorney for plaintiffs to initiate the telephone conference. (shd, ) (Entered: 09/29/2005)

10/04/2005 316 MOTION for Extension of Time to File a Reply In Support of Motion to Dismiss (Unopposed) by Peter Frank. (Attachments: # 1 Text of Proposed Order)(Jones, Michael) (Entered: 10/04/2005)

10/05/2005 317 ORDER granting 316 Motion for Extension of Time to File Deadline to filea reply in support of motion to dismiss. Signed by Judge T. John Ward on 10/5/2005. (sm,

) (Entered: 10/05/2005)

10/11/2005 318 NOTICE of Attorney Appearance by Jerry Lynn Beane on behalf of Christopher Thorpe (Beane, Jerry) (Entered: 10/11/2005)

10/12/2005 327 Minute Entry for proceedings held before Judge T. John Ward : Telephone Conference re preliminary approval of settlement offer and permission to send out class notice held on 10/12/2005. (Court Reporter Susan Simmons.) (shd, ) (Entered: 11/02/2005)

10/13/2005 319 Consent MOTION to Stay the Deadline to Respond to PCT's Response to Defendant Peter Frank's Motion to Dismiss and PCT's Motion for Leave to Amend by Peter Frank. (Attachments: # 1 Text of Proposed Order)(Jones, Michael) (Entered: 10/13/2005)

10/13/2005 320 SETTLEMENT AGREEMENT STIPULATION OF SETTLEMENT by Morgan Stanley & Co. Incorporated, Wachovia Securities, Inc., Deutsche Bank Securities Inc., Lehman Brothers Inc., Terry Slater, Jackson Capital Mgt. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Baxter, Samuel) (Entered: 10/13/2005)

10/17/2005 321 ORDER granting 319 Motion to Stay deadline to respond . Signed by Judge T. John Ward on October 17, 2005. (rml, ) (Entered: 10/17/2005)

10/18/2005 322 SETTLEMENT AGREEMENT STIPULATION OF SETTLEMENT by Thomas. Dahlen, Deutsche Bank Securities Inc., Mark D Shapiro, Alice M Peterson, Carlos M Hernandez, Robert S Hamada, Carol B Hallett, Archie R Dykes, Kenneth M Duberstein, Herbert M Baum, Stephen. Davis, Named Plaintiffs, 1933 Individual Defendants, Neal J Rider, Jackson Capital Mgt, Mark S Hansen, Core-Mark International, Inc., Fleming Post Confirmation Trust and Core-Mark International, Inc., Albert Abood, Phillip Murphy, Charles Myers, Scott Northcutt, Jim Thatcher, Fleming Post-Confirmation Trust, Post Confirmation Trust, In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Baxter, Samuel) (Entered: 10/18/2005)

10/18/2005 323 ORDER Granting Preliminary Approval of Class Action Settlement . Signed by Judge T. John Ward on 10/18/2005. (sm, ) (Entered: 10/18/2005)

10/25/2005 324 MOTION to Stay Declaratory Judgment Action by Zurich Specialties London Limited, Faraday Capital Limited. (Freeman, Marcie) (Entered: 10/25/2005)

10/28/2005 325 NOTICE by Post Confirmation Trust re 204 Answer to Complaint,,, Third Party Complaint,,, Crossclaim,, "Request for Rule 16 Status Conference and Advisory to Court Concerning Bankruptcy Court's Ruling that The PCT Owns the Claims It Has Filed" (Attachments: # 1 Text of Proposed Order For Status Conference)(Humphries, Scott) (Entered: 10/28/2005)

11/01/2005 326 MOTION for Leave to File Excess Pages Unopposed Motion for Leave to File a Reply in Support of Peter Frank's Motion to Dismiss in Excess of the Page Limitation by Peter Frank. (Attachments: # 1 Text of Proposed Order)(Jones, Michael) (Entered: 11/01/2005)

11/02/2005 328 RESPONSE in Support re 268 MOTION to Dismiss the Complaint of the Post-Confirmation Trust and Opposition to the PCT's Motion for Leave to Amend filed

by Peter Frank. (Attachments: # 1 Exhibit A)(Jones, Michael) (Entered: 11/02/2005)

11/03/2005 329 ORDER granting 326 Motion for Leave to File Reply in Excess Pages . Signed by Judge T. John Ward on 11/3/2005. (sm, ) (Entered: 11/03/2005)

11/14/2005 330 ORDER Staying Declaratory Judgement Acttion until such time that the securities cases receive final approval and GRANTING Twin City unopposed motion to stay filed in 5:05cv92. . Signed by Judge T. John Ward on 11/14/2005. (sm, ) (Entered: 11/14/2005)

11/15/2005 331 MOTION to Dismiss the Post-Confirmation Trust's Third-Party Complaint Pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) by John K Adams, John D Robinson. (Attachments: # 1 Text of Proposed Order)(Connop, Thomas) (Entered: 11/15/2005)

11/22/2005 332 SETTLEMENT Papers & MOTION to Dismiss Representative Plaintiffs' Motion for Final Approval of Class Action Settlements... And Approval of Plan of Allocation by Jackson Capital Mgt. (Attachments: # 1 Exhibit 1 (Joint Declaration)# 2 Exhibit 2 (Affidavit)# 3 Exhibit 3-5 (Case law, article, declaration)# 4 Text of Proposed Order Proposed Final Judgment and Order of Dismissal)(Marks, Kenneth) (Entered: 11/22/2005)

11/22/2005 333 SETTLEMENT Papers & MOTION to Dismiss Plaintiffs' Class Counsel's Motion for an Award of Attorneys' Fees and Reimbursment of Expenses and Application for Additional Compensation to Representative Plaintiffs by Jackson Capital Mgt. (Attachments: # 1 Exhibit 1- Joint Declaration of Savett and Marks# 2 Exhibit 2 - Affidavit of Sincavage# 3 Exhibit 3-7 - Charts and Declarations# 4 Exhibit 8 - Declaration Pepich# 5 Exhibit 9 - Declaration of Cauley# 6 Exhibit 10-19 - Declarations, Case Law and Article# 7 Exhibit 20-28 - Case law# 8 Exhibit 29 - Article# 9 Exhibit 30 - Case law# 10 Exhibit 31-35 - Case law and declarations# 11 Text of Proposed Order Proposed Final judgment and Order of Dismissal)(Marks, Kenneth) (Entered: 11/22/2005)

11/28/2005 334 MOTION to Dismiss Previously-Assumed Derivative Actions by Post Confirmation Trust. (Attachments: # 1 Text of Proposed Order Order Granting Unopposed Motion for Authority to Dismiss Previously-Assumed Derivative Actions)(Humphries, Scott) (Entered: 11/28/2005)

11/29/2005 337 Exhibit List of exhibits admitted at hearing on proposed settlement of Class Action held on 11/29/05 in Marshall, TX.(shd, ) (Entered: 12/01/2005)

11/29/2005 341 Minute Entry for proceedings held before Judge T. John Ward : Hearing on proposed settlement of class action held on 11/29/2005. (Court Reporter Susan Simmons.) (shd, ) (Entered: 12/08/2005)

11/30/2005 335 FINAL JUDGMENT AND ORDER OF DISMISSAL. RE: Settlement Hearing, Dismissing Released Parties and Released Entities.. Signed by Judge T. John Ward on 11/30/05. (mpv, ) (Entered: 11/30/2005)

12/01/2005 336 MOTION for Extension of Time to File Response/Reply as to 331 MOTION to Dismiss the Post-Confirmation Trust's Third-Party Complaint Pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) by Post Confirmation Trust. (Attachments: # 1 Text of

Proposed Order Granting Motion to Extend)(Humphries, Scott) (Entered: 12/01/2005)

12/05/2005 338 ORDER granting 334 Motion to Dismiss previously-assumed derivative actions. Signed by Judge T. John Ward on 12/5/2005. (sm, ) (Entered: 12/05/2005)

12/05/2005 339 ORDER granting 336 Motion for Extension of Time to File Response/Reply to motion to dismiss Responses due by 12/15/2005. Signed by Judge T. John Ward on 12/5/2005. (sm, ) (Entered: 12/05/2005)

12/08/2005 340 NOTICE of Hearing: Status Conference set for 12/28/2005 1:00 PM in Ctrm 106 (Marshall) before Judge T. John Ward. (shd, ) (Entered: 12/08/2005)

12/09/2005 342 NOTICE of Disclosure by Peter Frank Initial Disclosures (Jones, Michael) (Entered: 12/09/2005)

12/09/2005 343 NOTICE of Disclosure by Post Confirmation Trust "Notice of Service of Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)" (Humphries, Scott) (Entered: 12/09/2005)

12/09/2005 344 NOTICE by John D Robinson of Service of Initial Disclosures (Connop, Thomas) (Entered: 12/09/2005)

12/09/2005 345 NOTICE of Disclosure by Christopher Thorpe (Beane, Jerry) (Entered: 12/09/2005)

12/09/2005 346 NOTICE of Disclosure by Michael J Cavallero, Dole Fresh Fruit Company (Israeloff, Sim) (Entered: 12/09/2005)

12/09/2005 347 NOTICE by John K Adams of Service of Initial Disclosures (Connop, Thomas) (Entered: 12/09/2005)

12/12/2005 348 NOTICE of Disclosure by James Green (Boos, Matthew) (Entered: 12/12/2005)

12/15/2005 349 MOTION for Extension of Time to File Response/Reply To the Motion to Dismiss of Defendants John Robinson and John Adams by Post Confirmation Trust. (Attachments: # 1 Text of Proposed Order Granting Unopposed Motion to Extend Its Deadline to Respond to Motion to Dismiss of Defendants John Robinson and John Adams)(Humphries, Scott) (Entered: 12/15/2005)

12/19/2005 350 ANSWER to Third Party Complaint by Bruce Keith Jensen.(sm, ) (Entered: 12/19/2005)

12/21/2005 351 ORDER granting 349 Motion for Extension of Time to File Response/Reply re 331 MOTION to Dismiss the Post-Confirmation Trust's Third-Party Complaint Pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) Responses due by 12/22/2005. Signed by Judge T. John Ward on 12/21/05. (mpv, ) (Entered: 12/21/2005)

12/22/2005 352 RESPONSE to Motion re 331 MOTION to Dismiss the Post-Confirmation Trust's Third-Party Complaint Pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) filed by Fleming Post-Confirmation Trust. (Attachments: # 1 Exhibit Order on Cross-Motion of the Post-Confirmation Trust for Declaratory Relief)(Humphries, Scott)(Excess pages ok per Judge) Modified on 12/27/2005 (mpv, ). (Entered: 12/22/2005)

12/27/2005 353 STATUS REPORT Rule 16 Conference Report by Fleming Post-Confirmation Trust. (Humphries, Scott) (Entered: 12/27/2005)

12/28/2005 354 Minute Entry for proceedings held before Judge T. John Ward : Status Conference held on 12/28/2005. (Court Reporter Susan Simmons.) (shd, ) (Entered: 12/29/2005)

01/04/2006 356 ORDER that Post Confirmation Trust's Claims in its Third Party Complaint (#204) against Dole Fresh Fruit, Michael Cavallero, Christopher THorpe, James Green, Steven Schmidt, Rosario Consiglio, Peter Frank, John Adams, John Robinson and Bruce Jensen be severed from the 5:03md1530 case and consolidated with 5:05cv165, Post Confirmation Trust v Digital Exchange. The Court further orders that all documents in the case 5:03md1530 that relate to the Post Confirmation's Trust Third Party Complaint (#204) be docketed on the 5:05cv165 docket.. Signed by Judge T. John Ward on 1/4/2006. (sm, ) (Entered: 01/05/2006)

01/05/2006 355 MOTION to Dismiss Unopposed Motion to Dismiss with Prejudice by Zurich Specialties London Limited, Faraday Capital Limited. Responses due by 1/5/2006 (Freeman, Marcie) (Entered: 01/05/2006)

03/02/2006 357 Consent MOTION FOR REIMBURSEMENT OF ADDITIONAL EXPENSES by In re: Fleming Companies, Inc., Securities & Derivative Litigation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Text of Proposed Order)(Baxter, Samuel) (Entered: 03/02/2006)

03/03/2006 358 ORDER granting 357 Motion reimbursement of additional expenses and lead counsel is awarded $114,649.45 from settlement funds for reimbursement of additional expenses.. Signed by Judge T. John Ward on 3/3/2006. (sm, ) (Entered: 03/03/2006)

03/31/2006 359 ORDER DISMISSING CASE pursuant to the Final Judgement and Order of Dismissal 335 entered in this case, the Court hereby orders that the following consolidated cases are hereby dismissed with prejudice: 5:02cv178, 5:02cv190, 5:02cv198, 5:02cv205, 5:02cv208, 5:02cv212, 5:02cv218, 5:02cv222, 5:02cv223, 5:02cv237, 5:02cv239 and the Clerk is ordered to enter a copy of this order in each of the identified consolidated cases. . Signed by Judge T. John Ward on 3/31/2006. (sm, ) (Entered: 03/31/2006)

08/08/2006 360 ORDER that pursuant to #335 Order of Dismissal entered in this case that the COurt hereby orders that all pending claims are dismissed with prejudice and all pending motions are denied. THis order applies equally to all consolidated cases, excepting all claims and motions in 5:05cv165. . Signed by Judge T. John Ward on 8/8/2006. (sm, ) (Entered: 08/08/2006)

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