US District Court Civil Docket as of 11/30/2001 Retrieved from the court on Wednesday, April 06, 2005

U.S. District Court Eastern District of Virginia

(Alexandria) CIVIL DOCKET FOR CASE #: 99-CV-496

Cox, et al v. Software AG Systems,, et al

Filed: 04/08/99

Assigned to: Judge Albert V. Bryan, Jr. Jury demand: Plaintiff

Demand: $0,000 Nature of Suit: 850 Lead Docket: None

Jurisdiction: Federal Question Dkt# in other court: None

Cause: 12:22 Securities Fraud

LUCIAN B. COX, III, Paul Thomas Gallagher individually and on behalf of [COR LD NTC] all others similarly situated Cohen Milstein Hausfeld & Toll plaintiff 1100 New York Avenue, NW West Tower, Suite 500 Washington, DC 20005-3934 (202) 408-4600 CITY OF PHILADELPHIA, (through Paul Thomas Gallagher its Board of Pensions and (See above) Retirement) [COR LD NTC] plaintiff PHILIP ANDREW GARNER, (on Paul Thomas Gallagher behal of his IRA) (See above) plaintiff [COR LD NTC] DAN BABOR, (on behalf of Paul Thomas Gallagher Aurora Austrailis Publishing (See above) Co. and Joseph J. Szlavik [COR LD NTC] Companies, Inc.) plaintiff JOSEPH J, SZLAVIK, JR., (on Paul Thomas Gallagher behalf of Aurora Australis (See above) Publishing Co. and Joseph J. [COR LD NTC] Szlavik Companies, Inc.) and all others similarly situated plaintiff v.

SOFTWARE AG SYSTEMS, INC. Leo Stephen Fisher defendant [COR LD NTC] Bean, Kinney & Korman, P.C. 2000 N 14th St Suite 100 Arlington, VA 22201 (703) 525-4000 DANIEL F. GILLIS Leo Stephen Fisher defendant (See above) [COR LD NTC] CARL J. RICKERTSEN Leo Stephen Fisher defendant (See above) [COR LD NTC] PHILIP S. DAUBER, Dr. Leo Stephen Fisher defendant (See above) [COR LD NTC] ERWIN KOENIGS, Dr. Leo Stephen Fisher defendant (See above) [COR LD NTC] HARRY K. MCCREERY Leo Stephen Fisher defendant (See above) [COR LD NTC] DEREK BRIGDEN Leo Stephen Fisher defendant (See above) [COR LD NTC] PAUL G. STERN, Dr. Leo Stephen Fisher defendant (See above) [COR LD NTC] THAYER EQUITY INVESTORS III, Leo Stephen Fisher L.P. (See above) defendant [COR LD NTC]

DOCKET PROCEEDINGS

DATE # DOCKET ENTRY

4/8/99 1 COMPLAINT Filing Fee $ 150.00 Receipt # 128017; jury demand (mcke) [Entry date 04/13/99]

4/8/99 -- SUMMONS(ES) (Org. & 9) issued and given to atty for service by SPS on defts Software AG Systems, Daniel F. Gillis, Carl J. Rickertsen, Philip S. Dauber, Erwin Koenigs, Harry K. McCreery, Derek Brigden, Paul G. Stern, Thayer Equity Invest (mcke) [Entry date 04/13/99] 4/12/99 2 Summons returned unexecuted as to Software AG Systems, as to Software AG Systems, (mcke) [Entry date 04/13/99] 4/12/99 3 Summons returned unexecuted as to Daniel F. Gillis as to Daniel F. Gillis (mcke) [Entry date 04/13/99] 4/12/99 4 Summons returned unexecuted as to Carl J. Rickertsen as to Carl J. Rickertsen (mcke) [Entry date 04/13/99] 4/12/99 5 Summons returned unexecuted as to Philip S. Dauber as to Philip S. Dauber (mcke) [Entry date 04/13/99] 4/12/99 6 Summons returned unexecuted as to Erwin Koenigs as to Erwin Koenigs (mcke) [Entry date 04/13/99] 4/12/99 7 Summons returned unexecuted as to Harry K. McCreery as to Harry K. McCreery (mcke) [Entry date 04/13/99] 4/12/99 8 Summons returned unexecuted as to Derek Brigden as to Derek Brigden (mcke) [Entry date 04/13/99] 4/12/99 9 Summons returned unexecuted as to Paul G. Stern as to Paul G. Stern (mcke) [Entry date 04/13/99] 4/12/99 10 Summons returned unexecuted as to Thayer Equity Invest as to Thayer Equity Invest (mcke) [Entry date 04/13/99] 4/12/99 11 AMENDED COMPLAINT by Lucian B. Cox amending [1-1] complaint ;; jury demand (mcke) [Entry date 04/13/99] 4/12/99 -- SUMMONS(ES) (Org. & 9) issued on amended complaint for defts Daniel F. Gillis, Carl J. Rickertsen, Philip S. Dauber, Erwin Koenigs, Harry K. McCreery, Derek Brigden, Paul G. Stern, Thayer Equity Invest by SPS (mcke) [Entry date 04/13/99] 6/7/99 12 MOTION by Lucian B. Cox to Consolidate related cases for all purposes (clar) [Entry date 06/08/99] 6/7/99 13 MEMORANDUM of Law by Lucian B. Cox in support of [12-1] motion by Lucian B. Cox to Consolidate related cases for

all purposes (clar) [Entry date 06/08/99] 6/7/99 14 MOTION by Lucian B. Cox for appointment of lead pltfs under sectio 21D (a)(3)(B) of the securities exchange act of 1934 and for approval of lead pltfs' selection of co-lead counsel (clar) [Entry date 06/08/99] 6/7/99 15 MEMORANDUM of Law by Lucian B. Cox in support of [14-1] motion by Lucian B. Cox for appointment of lead pltfs under sectio 21D (a)(3)(B) of the securities exchange act of 1934 and for approval of lead pltfs' selection of co-lead counsel (clar) [Entry date 06/08/99] 6/7/99 16 Declaration of Todd S. Collins in support Re: [14-1] motion by Lucian B. Cox for appointment of lead pltfs under sectio 21D (a)(3)(B) of the securities exchange act of 1934 and for approval of lead pltfs' selection of co-lead counsel (large pleading) (clar) [Entry date 06/08/99] 6/7/99 17 NOTICE of Hearing: Motion Hearing set for 10:00 6/18/99 for [14-1] motion by Lucian B. Cox for appointment of lead pltfs under sectio 21D (a)(3)(B) of the securities exchange act of 1934 and for approval of lead pltfs' selection of co-lead counsel, set for 10:00 6/18/99 for [12-1] motion by Lucian B. Cox to Consolidate related cases for all purposes (clar) [Entry date 06/08/99] 6/8/99 18 Joinder and Supplemental MOTION by Lucian B. Cox for appointment of lead pltfs Under Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and for approval of lead pltfs selection of co-lead counsel (clar) [Entry date 06/11/99] [Edit date 06/11/99] 6/8/99 19 Supplemental MEMORANDUM by Lucian B. Cox in support of [18-1] motion by Lucian B. Cox for appointment of lead pltfs Under Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and for approval of lead pltfs selection of co-lead counsel (clar) [Entry date 06/11/99] [Edit date 06/11/99] 6/8/99 20 Declaration of Daniel S. Sommers in support Re: [18-1] motion by Lucian B. Cox of the AGS pltfs group for appointment of lead pltfs Under Section 21D(a)(3)(B) of the Securities exchange act of 1934 and for approval of lead pltfs selection of co-lead counsel (clar) [Entry date 06/11/99] 6/17/99 21 ORDER granting [12-1] motion AGS pltf's group to Consolidate related cases for all purposes C/A-99-527-A, C/A-99-544-A, C/A-99-545-A, C/A-99-721-A, and C/A-99-751, Granting AGS Pltf Group's motions to appoint lead counsel and that accordingly, the Berger & Montague, P.C. and Wolf

Haldenstin Adler Freeman & Herz LLP are appointed as co-lead counsel, and Cohen, Milstein, Hausfeld & Toll, P.L.L.C. shall be appointed Liaison counsel, granting [14-1] motion by AGS Plfs' group motion for appointment of lead pltfs under sectio 21D (a)(3)(B) of the securities exchange act of 1934 and for approval of lead pltfs' selection of co-lead counsel, and the following perons or entitites are appointed as lead pltfs in this matter: the city of Philadelphia, Lucian B. Cox, III, Phillip Andrew Garner (on behalf of his IRA), Dan babot, and Joseph J. Szlavik, Jr. (on behalf of Aurora Australis Publishing Co. and Joseph J. Szlavik Companies, Inc. (collectively, "the lead pltfs") that, nothwithstanding the terms of any scheduling oarder to issue by July 19, 1999, the lead pltfs shall file and serve a consolidated amended complaint that names each of the lead pltfs, individually and on behalf of all others similarly situated, but docketed solely under C/A-99-496, with service to be effected by hand upon Arnold & Porter for the defts; the AGS pltf's shall file and serve their oppostion to any motion no later than 9/8/99, within five days after the filing of the consolidated amended complaint, the parties shall submit a consent order that dismisses each of the other five actions in favor of the consolidated action, after which the clerk of the court shall mark the other five actions as closed. The court will mail future opinions and orders to Cohen, Milstein, Hausfeld & Toll, PLLC for the pltfs and to Arnold & Porter for the defts (see order for more details) - ent & flied ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes (mcke) 6/17/99 -- Consolidated Lead Case (mcke) [Entry date 06/18/99] 6/29/99 22 MOTION by defendants' for Stephen M. Sacks, Ronald A. Schechter, Richard M. Lucas and John Freedman to Appear Pro Hac Vice (mcke) [Entry date 06/30/99] 6/30/99 23 ORDER granting [22-1] motion by defendants' for Stephen M. Sacks, Ronald A. Schechter, Richard M. Lucas and John Freedman to Appear Pro Hac Vice ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes (mcke) [Entry date 07/01/99] 7/14/99 24 SCHEDULING ORDER setting Discovery cutoff 10/29/99 ; Pretrial Conference for 11:45 11/18/99 ; ( signed by Judge Claude M. Hilton ) Copies Mailed: yes (wpin) [Entry date 07/15/99] 7/19/99 25 CONSOLIDATED AMENDED COMPLAINT by Lucian B. Cox III, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. amending [11-1] amended complaint by Lucian B. Cox III ;; jury demand (mcke) [Entry date 07/22/99] 8/18/99 26 MOTION by defendants' to Dismiss Consolidated Amended Complaint (psho) [Entry date 08/23/99]

8/18/99 27 MEMORANDUM OF LAW (together w/Exhibits and Decisions not covered in Federal Reporters and Legislative History Materials cited in(BINDED)) by Software AG Systems, Daniel F. Gillis, Carl J. Rickertsen, Philip S. Dauber, Erwin Koenigs, Harry K. McCreery, Derek Brigden, Paul G. Stern, Thayer Equity in support of [26-1] motion by defendants' to Dismiss Consolidated Amended Complaint (LARGE PLEADING) (psho) [Entry date 08/23/99] 8/18/99 28 NOTICE of Hearing: Motion Hearing set for 10:00 10/1/99 for [26-1] motion by defendants' to Dismiss Consolidated Amended Complaint (psho) [Entry date 08/23/99] 9/8/99 29 MEMORANDUM of law by Lucian B. Cox III in opposition to [26-1] motion by defendants' to Dismiss Consolidated Amended Complaint (Large pleading) (mcke) [Entry date 09/09/99] 9/22/99 30 REBUTTAL BRIEF in support by Software AG Systems, Daniel F. Gillis, Carl J. Rickertsen, Philip S. Dauber, Erwin Koenigs, Harry K. McCreery, Derek Brigden, Paul G. Stern, Thayer Equity Invest of [26-1] motion by defendants' to Dismiss Consolidated Amended Complaint by defendants (LARGE PLEADING) (bsha) 9/24/99 31 MOTION by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for relief from the discovery deadline int he scheduling order, or alternatively by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for relief from the automatic stay of discovery (bsha) [Entry date 09/27/99] 9/24/99 32 MEMORANDUM by Lucian B. Cox III, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. in support of [31-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for relief from the discovery deadline int he scheduling order by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III, [31-2] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for relief from the automatic stay of discovery by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III (bsha) [Entry date 09/27/99] 9/24/99 33 DECLARATION OF Daniel S. Sommers in support of [31-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for relief from the discovery deadline int he scheduling order by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III, [31-2] motion by

Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for relief from the automatic stay of discovery by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III (bsha) [Entry date 09/27/99] 9/24/99 34 NOTICE of Hearing: Motion Hearing set for 10:00 10/1/99 for [31-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for relief from the discovery deadline int he scheduling order, set for 10:00 10/1/99 for [31-2] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for relief from the automatic stay of discovery (bsha) [Entry date 09/27/99] 9/29/99 35 MEMORANDUM by Software AG Systems, Daniel F. Gillis, Carl J. Rickertsen, Philip S. Dauber, Erwin Koenigs, Harry K. McCreery, Derek Brigden, Paul G. Stern, Thayer Equity Invest in opposition to [31-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for relief from the discovery deadline int he scheduling order (clar) 9/30/99 36 REPLY MEMORANDUM in support by Lucian B. Cox III of [31-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for relief from the discovery deadline int he scheduling order (clar) 10/1/99 -- Per AVB chambers motions set for 10/1/99 on papers (clar) 10/1/99 37 ORDER denying [26-1] motion by defendants' to Dismiss Consolidated Amended Complaint - ent & filed ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes [EOD Date: 10/1/99] (mcke) 10/1/99 -- Minute entry: Judge Sewell. Tape #337. Reporter; Rudiger and Green. Appearances; of counsel. Matter cmae on as pltfs motion for relief from the automatic stay of discovery-argue and granted. Order to follow. (ntho) 10/1/99 38 ORDER granting [31-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for relief from the discovery deadline in the scheduling order. The Pretrial conference in this action is continued to December 16, 1999 at 1:15 p.m. Fact discovery will be permitted up to and including the pretrial conference. The parties are directed to meet and confer for purposes of presenting an agreed order for the exchange of Rule 26(a)(3) disclosures and for expert dispositions, but not to interfere with pretrial or trial. All other provisions of the scheduling order remain in effect. ( signed by Magistrate Judge Welton C. Sewell ) Copies Mailed: y. [EOD Date: 10/1/99] (ntho) [Edit date 10/05/99]

10/1/99 -- Deadline updated; reset Pretrial Conference for 1:15 12/16/99 (ntho) 10/1/99 39 STIPULATION & Consent Order pursuant to local rule 26, as follows: Pltfs shall serve on defts their expert reports eleven (11) calendar days prior to the conclusion of fact discovery. Defts shall serve on pltfs their expert reports on the final day of fact discovery - ent & filed ( signed by Magistrate Judge Welton C. Sewell ) Copies Mailed: yes (mcke) [Entry date 10/04/99] 10/15/99 40 ORDER, Extending Time for defts to answer on or before 10/22/99 - ent & filed ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 10/18/99] (mcke) [Entry date 10/18/99] 10/21/99 41 ANSWER by Software AG Systems, Daniel F. Gillis, Carl J. Rickertsen, Philip S. Dauber, Erwin Koenigs, Harry K. McCreery, Derek Brigden, Paul G. Stern, Thayer Equity Invest to consolidated amended class action complaint (ltun) [Entry date 10/22/99] 10/26/99 42 STIPULATION and PROTECTIVE ORDER as to Lucian B. Cox III, Software AG Systems, Daniel F. Gillis, Carl J. Rickertsen, Philip S. Dauber, Erwin Koenigs, Harry K. McCreery, Derek Brigden, Paul G. Stern, Thayer Equity Invest, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. ( signed by Judge Leonie M. Brinkema ) Copies Mailed y (jsol) [Entry date 10/27/99] 10/26/99 -- **Set Protective Order Flag. (jsol) [Entry date 10/27/99] 11/23/99 43 MOTION by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to Compel production of documents from non-party KPMG Peat Marwick LLP (called & told to notice) (mcke) 11/23/99 44 MEMORANDUM by Lucian B. Cox III, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. in support of [43-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to Compel production of documents from non-party KPMG Peat Marwick LLP (mcke) 11/23/99 45 DECLARATION of Michael Jaffe Re: in support of [43-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to Compel production of documents from non-party KPMG Peat Marwick LLP (large pleading) (mcke)

11/24/99 46 MOTION by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, Lucian B. Cox III to Compel Defts' Production of Documents, by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, Lucian B. Cox III for Leave to Depose More Than Five Non-Parties together with Memorandum In Support (ltun) [Entry date 11/29/99] [Edit date 11/29/99] 11/24/99 47 NOTICE of Hearing: Motion Hearing set for 10:00 12/3/99 for [46-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, Lucian B. Cox III to Compel Defts' Production of Documents, set for 10:00 12/3/99 for [46-2] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, Lucian B. Cox III for Leave to Depose More Than Five Non-Parties (ltun) [Entry date 11/29/99] 12/1/99 48 NOTICE of filing of original Declaration of Robin Switzenbaum by Lucian B. Cox III, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. (bsha) [Entry date 12/02/99] 12/1/99 49 RESPONSE by Software AG Systems, Daniel F. Gillis, Carl J. Rickertsen, Philip S. Dauber, Erwin Koenigs, Harry K. McCreery, Derek Brigden, Paul G. Stern, Thayer Equity Invest in opposition to [46-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, Lucian B. Cox III to Compel Defts' Production of Documents [46-2] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, Lucian B. Cox III for Leave to Depose More Than Five Non-Parties (bsha) [Entry date 12/02/99] 12/1/99 50 DECLARATION OF JOHN A. FREEDMAN Re: [46-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, Lucian B. Cox III to Compel Defts' Production of Documents [46-2] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, Lucian B. Cox III for Leave to Depose More Than Five Non-Parties (bsha) [Entry date 12/02/99] 12/1/99 52 DECLARATION of John A. Freedman, counsel for Software AG Systems, Daniel F. Gillis, Carl J. Rickertsen, Philip S. Dauber, Erwin Koenigs, Harry K. McCreery, Derek Brigden, Paul G. Stern, Thayer Equity (pmil) [Entry date 12/06/99] 12/1/99 53 OPPOSITION by defendant Software AG Systems,, defendant Daniel F. Gillis, defendant Carl J. Rickertsen, defendant Philip S. Dauber, defendant Erwin Koenigs, defendant Harry K. McCreery, defendant Derek Brigden, defendant Paul G. Stern, defendant Thayer Equity Invest to [46-2] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, Lucian B. Cox III for Leave to Depose More Than Five Non-Parties and [46-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, Lucian B. Cox III to Compel Defts' Production of Documents (pmil) [Entry date 12/06/99] 12/1/99 92 DECLARATION of Robin Switzenbaum by Lucian B. Cox III Re:

[46-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, Lucian B. Cox III to Compel Defts' Production of Documents by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, Lucian B. Cox III (ltun) [Entry date 01/31/00] 12/2/99 51 REPLY by Lucian B. Cox III, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. to response to [46-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, Lucian B. Cox III to Compel Defts' Production of Documents [46-2] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, Lucian B. Cox III for Leave to Depose More Than Five Non-Parties (bsha) [Entry date 12/03/99] 12/3/99 -- Minute entry: Judge Buchanan. Rpt: Casamo. Apr: counsel for parties. Matter heard as to pltfs' motion to compel - argued & taken under advise; and pltf's motion for leave to depose more than (5) non-parties - argued & granted. Order to be entered. (lbac) 12/6/99 54 ORDER - For reasons stated from the bench, Ordered taken under advisement [46-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, Lucian B. Cox III to Compel Defts' Production of Documents under advisement, granting in part, denying in part [46-2] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, Lucian B. Cox III for Leave to Depose More Than Five Non-Parties, pltfs' may take a total of (5) additional non-party, non-expert depositions (total of (10)) by 12/31/99 ( signed by Magistrate Judge Theresa C. Buchanan ) Copies Mailed: yes [EOD Date: 12/7/99] (lbac) [Entry date 12/07/99] 12/10/99 55 MOTION by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to Compel the deposition of deft Erwin Koenigs in the US, and by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to Compel production of certain documents (SEALED DOCUMENT) (bsha) [Entry date 12/13/99] 12/10/99 56 MEMORANDUM by Lucian B. Cox III, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. in support of [55-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to Compel the deposition of deft Erwin Koenigs in the US [55-2] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to Compel production of certain documents (SEALED DOCUMENT) (bsha) [Entry date 12/13/99] 12/10/99 57 DECLARATION OF Michael Jaffe in support of Re: [55-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to Compel the deposition of deft Erwin Koenigs in the US [55-2]

motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to Compel production of certain documents (SEALED DOCUMENT) (bsha) [Entry date 12/13/99] 12/10/99 58 NOTICE of Hearing: Motion Hearing set for 10:00 12/17/99 for [55-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to Compel the deposition of deft Erwin Koenigs in the US, set for 10:00 12/17/99 for [55-2] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to Compel production of certain documents (bsha) [Entry date 12/13/99] 12/10/99 60 MOTION by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for Class certification (mcke) [Entry date 12/14/99] 12/10/99 61 MEMORANDUM of law by Lucian B. Cox III, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. in support of [60-1] motion for Class certification (mcke) [Entry date 12/14/99] 12/10/99 62 NOTICE of Hearing: Motion Hearing set for 10:00 1/28/00 for [60-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for Class certification (mcke) [Entry date 12/14/99] 12/13/99 59 NOTICE of filing a corrected page 4 of the Memo in support of pltfs motion to compel by Lucian B. Cox III, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. (bsha) [Entry date 12/14/99] 12/14/99 63 MOTION by defendants for Protective Order, and by defendants for clarification concerning non-party depositions (bsha) [Entry date 12/15/99] 12/14/99 64 NOTICE of Hearing: Motion Hearing set for 10:00 12/17/99 for [63-1] motion by defendants for Protective Order, set for 10:00 12/17/99 for [63-2] motion by defendants for clarification concerning non-party depositions (bsha) [Entry date 12/15/99] 12/15/99 65 RESPONSE by Software AG Systems, Daniel F. Gillis, Carl J. Rickertsen, Philip S. Dauber, Erwin Koenigs, Harry K. McCreery, Derek Brigden, Paul G. Stern, Thayer Equity Invest in opposition to [55-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to Compel the deposition of deft Erwin Koenigs in the US (bsha) [Entry date 12/16/99] 12/15/99 66 RESPONSE by Software AG Systems, Daniel F. Gillis, Carl J.

Rickertsen, Philip S. Dauber, Erwin Koenigs, Harry K. McCreery, Derek Brigden, Paul G. Stern, Thayer Equity Invest in opposition to [55-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to Compel the deposition of deft Erwin Koenigs in the US (bsha) [Entry date 12/16/99] 12/16/99 67 PRAECIPE filed by defendant Software AG Systems,, defendant Daniel F. Gillis, defendant Carl J. Rickertsen, defendant Philip S. Dauber, defendant Erwin Koenigs, defendant Harry K. McCreery, defendant Derek Brigden, defendant Paul G. Stern, defendant Thayer Equity Invest [63-1] motion by defendants for Protective Order [63-2] motion by defendants for clarification concerning non-party depositions advising the court that the matter has been resolved (bsha) 12/16/99 -- Pre-Trial Conference held; Judge Hilton; Appearances of Counsel. Case set for trial by JURY on 2/14/00. (ltun) [Entry date 12/17/99] [Edit date 01/03/00] 12/16/99 -- Jury Trial set at 10:00 2/14/00 (ltun) [Entry date 12/17/99] 12/16/99 68 REPLY MEMORANDUM in support by Lucian B. Cox III, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. of [55-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to Compel the deposition of deft Erwin Koenigs in the US (bsha) [Entry date 12/17/99] 12/17/99 -- Per TCB chambers motions set for 12/17/99 w/d (bsha) 12/17/99 69 PRAECIPE the clerk will please remove pltfs' motion to compel from the docket for 12/17/99, the parties have resolved this discovery matter filed by plaintiff Lucian B. Cox III, plaintiff City of Philadelphia, plaintiff Philip Andrew Garner, plaintiff Dan Babor, plaintiff Joseph J, Szlavik Jr. (mcke) [Entry date 12/21/99] 12/22/99 70 MOTION by defendants to Compel reponses to interrogatories (clar) [Entry date 12/23/99] 12/22/99 71 NOTICE of Hearing: Motion Hearing set for 10:00 12/30/99 for [70-1] motion by defendants to Compel reponses to interrogatories (clar) [Entry date 12/23/99] 12/22/99 72 Consent Order that defts shall respond to pltfs' motion for class certification on 1/4/00, pltf shall reply on 1/11/00, and the motion for class certification shall be set for hearing on 1/14/00, Pltfs' and defts shall submit their respective exhibit lists and witness lists and exchange exhibits on 2/4/00, designation of depositions to be used

at trial shall be submitted 1/25/00 and objections to exhibits shall be submitted 2/11/00. That any motions in limine shall be heard at 9 A.M. on the date set for trial (see order for more details)( signed by Judge Claude M. Hilton ) Copies Mailed: yes (mcke) [Entry date 12/27/99] 12/22/99 -- Deadline updated; Motion Hearing set for 10:00 1/14/00 for [60-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for Class certification (mcke) [Entry date 12/27/99] 12/29/99 73 RESPONSE by Lucian B. Cox III, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. to [70-1] motion by defendants to Compel reponses to interrogatories (bsha) 12/30/99 74 TRANSCRIPT for dates of 12/3/99 (TCB) - filed. (ltun) 12/30/99 -- Minute entry: Magistrate Judge Poretz Reporter: Casamo & Assoc. (Tape 450) Appearances: Counsel for Pltf. & Deft. This matter came on for Deft's. Motion to compel responses to interrogatories - Matter argued and Granted. Order to be entered. (jsch) [Entry date 01/03/00] 12/30/99 75 ORDER granting [70-1] motion by defendants to Compel reponses to interrogatories. For reasons stated from the bench it is ORDERED, Defendant's Motion to Compel Responses to Interrogatories is GRANTED. Plaintiff must file complete answers to the interrogatories by January 11, 2000. (signed by Magistrate Judge Barry R. Poretz ) Copies Mailed: y [EOD Date: 1/3/00] (jsch) [Entry date 01/03/00] 1/4/00 76 RESPONSE by Software AG Systems, Daniel F. Gillis, Carl J. Rickertsen, Philip S. Dauber, Erwin Koenigs, Harry K. McCreery, Derek Brigden, Paul G. Stern, Thayer Equity Invest in opposition to [60-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for Class certification (lARGE PLEADING) (FILED UNDER SEAL, see letter dated 1/27/00 by Leo Fisher Counsel for defts) (bsha) [Entry date 01/05/00] [Edit date 02/07/00] 1/6/00 77 UNOPPOSED EMERGENCY MOTION by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to Extend Time to file their reply brief in support of the pending motion for class certification and to schedule the hearing on that motion for January 21, 2000 counsel notified to submit order) (mcke) 1/6/00 78 ORDER granting unopposed [77-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to Extend Time to file their reply brief in support of the pending motion for class certification on

1/18/00 and to schedule the hearing on that motion for January 21, 2000 ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 1/7/00] (mcke) [Entry date 01/07/00] 1/6/00 -- Deadline updated; Motion Hearing set for 10:00 1/21/00 for [60-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for Class certification (mcke) [Entry date 01/07/00] 1/12/00 79 MEMORANDUM OPINION - filed ( signed by Magistrate Judge Theresa C. Buchanan ) Copies Mailed: yes (mcke) [Entry date 01/13/00] 1/12/00 80 ORDER for the reasons set forth in the accompanying memorandum opinion, granting [46-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, Lucian B. Cox III to Compel Defts' Production of Documents ( signed by Magistrate Judge Theresa C. Buchanan ) Copies Mailed: yes [EOD Date: 1/14/00] (mcke) [Entry date 01/14/00] 1/12/00 -- pleadings received from deft FILED UNDER SEAL (SUBJECT TO-ATTY-CLIENT PRIVILEGE) (mcke) [Entry date 01/14/00] 1/13/00 81 TRANSCRIPT proceedings for dates of 12/30/99 (BRP) (mcke) [Entry date 01/18/00] 1/18/00 82 REPLY MEMORANDUM in support by Lucian B. Cox III, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. of [60-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for Class certification (SEALED DOCUMENT) (bsha) [Entry date 01/19/00] 1/19/00 83 NOTICE of filing by Lucian B. Cox III, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. a corrected page one to pltfs' reply memo in support of motion for class certification (SEALED DOCUMENT) (bsha) 1/19/00 -- Deadline updated; Motion Hearing Deadline set for 10:00 1/28/00 for [60-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for Class certification (bsha) 1/19/00 86 SUPPLEMENTAL MEMORANDUM by Software AG Systems, Daniel F. Gillis, Carl J. Rickertsen, Philip S. Dauber, Erwin Koenigs, Harry K. McCreery, Derek Brigden, Paul G. Stern, Thayer Equity Invest in opposition to [60-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for Class certification (FILED UNDER SEAL, see letter dated 1/27/00 by Leo Fisher,

Counsel for defts) (bsha) [Entry date 01/21/00] [Edit date 02/07/00] 1/20/00 84 UNCONTESTED MOTION by defendants to Extend time of certain pre-trial calendar deadlines and hearing dates by seven days (mcke) 1/20/00 85 ORDER granting [84-1] motion by defendants to Extend time of certain pre-trial calendar deadlines and hearing dates by seven days and to schedule the hearing on the motion for class certification on 1/28/00, that the parties shall exchange designation depositions to be used at trial on 2/1/00 and shall exchange exhibit lists and witness lists on 2/11/00 ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes [EOD Date: 1/21/00] (mcke) [Entry date 01/21/00] 1/21/00 87 MOTION by defendants for clarification of the courts 1/12/00 order (bsha) [Entry date 01/24/00] 1/21/00 88 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 1/28/00 for [87-1] motion by defendants for clarification of the courts 1/12/00 order (bsha) [Entry date 01/24/00] 1/24/00 91 NOTICE OF APPEAL/OBJECTION by defendants' to the 01/12/00 Memorandum Opinion of Magistrate Judge Buchanan compelling production of certain Defts' privleged documents (LARGE PLEADING) (TOLD TO NOTICE) (pmil) [Entry date 01/31/00] 1/27/00 89 OPPOSITION by plaintiff Lucian B. Cox III, plaintiff City of Philadelphia, plaintiff Philip Andrew Garner, plaintiff Dan Babor, plaintiff Joseph J, Szlavik Jr. to [87-1] motion by defendants for clarification of the courts 1/12/00 order (pmil) [Entry date 01/28/00] 1/28/00 90 ORDER granting [60-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for Class certification. The FRCP 23(b)(3) class is defined as follows: all persons who purchased the common stock of Software AG Systems, Inc. during the period from 11/18/97 through 04/01/99 (excluding defts, members of their immediate families, and any entity in which any of them has a controlling interest). ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes [EOD Date: 1/28/00] (pmil) 1/28/00 93 MEMORANDUM OPINION - filed ( signed by Magistrate Judge Theresa C. Buchanan ) Copies Mailed: yes (ltun) [Entry date 01/31/00] 1/28/00 94 ORDER, for reasons set forth in the accompanying Memorandum Opinion, denying [87-1] motion by defendants for

clarification of the courts 1/12/00 order ( signed by Magistrate Judge Theresa C. Buchanan ) Copies Mailed: yes [EOD Date: 1/31/00] (ltun) [Entry date 01/31/00] 2/1/00 95 PRAECIPE filed by defendant Software AG Systems,, defendant Daniel F. Gillis, defendant Carl J. Rickertsen, defendant Philip S. Dauber, defendant Erwin Koenigs, defendant Harry K. McCreery, defendant Derek Brigden, defendant Paul G. Stern, defendant Thayer Equity Invest hereby withdraw defts' appeal of Magistrate's January 12 order (mcke) 2/7/00 96 Consent Order the parties are in agreement as to a new trial schedule, (a) that within five business days of entry of this order, the lead pltfs shall provide defts with a proposed class notice; (b) within eight business days of entry of this order, the parties shall meet and confer regarding the content of the class notice, (c) within ten business days of entry of this order, the parties shall submit an agreed upon class notice, or in the event that the parties are unable to agree as to class notice, the parties shall submit their respective proposals for class notice; (d) upon receiving court approval of the class notice pursuant to FRCP 23(c)(2), pltfs shall forward the class notice to the Notice administrator within two business days. The notice administrator shall be resonsible for coordinating with SAGA's transfer agent to distribute the class notice to the brokerage houses and to the class members in an expeditious manner; (e) class members shall have seventy-five days after this court approves the class notice to opt-out of this action, (f)Assuming that class Notice is approved by this court on or before February 18, 2000, this matter is scheduled for trial on May 15, 2000. (g) Expert discovery shall be completed by March 17, 2000; (h) motions for summary judgment, if any shall be due March 31, 2000; oppositions to summary judgment shall be due April 18, 2000, reply briefs shall be due April 25, 2000, if necessary, argument on motions for summary judgment shall be heard on April 28, 2000; (i) the parties shall submit their respective exhibit lists and witness lists and exchange exhibits on May 4, 2000, designations of depositions to be used at trial shall be submitted on May 1, 2000, and objections to exhibits shall be submitted May 11, 2000, (j) and any motions in limine shall be heard at 9 A.M. on the date set for trial. ( signed by Judge Claude M. Hilton ) Copies Mailed: yes (mcke) [Entry date 02/08/00] 2/7/00 -- Deadline updated; reset Jury Trial for 10:00 5/15/00 (mcke) [Entry date 02/08/00] 2/18/00 97 JOINT NOTICE of filing of class notice by Lucian B. Cox III, Software AG Systems, Daniel F. Gillis, Carl J. Rickertsen, Philip S. Dauber, Erwin Koenigs, Harry K. McCreery, Derek Brigden, Paul G. Stern, Thayer Equity Invest, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. (mcke) [Entry date 02/22/00]

2/25/00 98 ORDER with respect to notice, the notice is substantially the form attached hereto as Exhibit A, and the summary notice in substantially the form attached hereto as exhibit B, are approved, the notice shall be mailed in accordance with the court's order of 2/7/00, and the summary notice shall be published once in the national edition of the Wall Street Journal within eight business days of the mailing of the notice in accordance with the order of 2/7/00. The discovery process shall be directed by [the court should delete ONE] ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes [EOD Date: 2/28/00] (mcke) [Entry date 02/28/00] 3/23/00 99 Letter by Leo S. Fisher, counsel for Software AG Systems, Daniel F. Gillis, Carl J. Rickertsen, Philip S. Dauber, Erwin Koenigs, Harry K. McCreery, Derek Brigden, Paul G. Stern, Thayer Equity Invest to court re: the parties have reached a settlement in principle of this class action securities litigation. I have enclosed a joint motion to vacate consent order, notice of hearing and agreed order, the effect of which is to vacate all previously established dates and provide a timetable for the parties to comply with FRCP 23 regarding settlement of class actions. - filed (mcke) 3/23/00 -- case settled per Leo Fisher, counsel for deft. Jury notified & secretaries. (mcke) 3/23/00 100 JOINT MOTION by Lucian B. Cox III, Software AG Systems, Daniel F. Gillis, Carl J. Rickertsen, Philip S. Dauber, Erwin Koenigs, Harry K. McCreery, Derek Brigden, Paul G. Stern, Thayer Equity Invest, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. by plaintiffsss, defendant, plaintiff to Vacate [96-1]Consent order (bsha) [Entry date 03/24/00] 3/23/00 101 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 3/31/00 for [100-1] joint motion by plaintiffsss, defendant, plaintiff to Vacate [96-1]Consent order (bsha) [Entry date 03/24/00] 3/28/00 102 AGREED Order granting [100-1] joint motion by plaintiffs, defendant, plaintiff to Vacate [96-1]Consent order entered on February 7, 2000, including all procedural dates and other requirements set forth therein; within thirty (30) days from the entry of this order, the parties shall jointly file a stipulation with the court setting forth all terms and conditions of the settlement including, but no limited to, the forms of notice of settlement to be sent to the class; and a preliminary hearing to consider the settlement and authorize the dissemination of the notice of settlement shall be held within forty-five (45) days of the entry of this order. ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes (mcke) [Entry date 03/30/00]

4/28/00 103 JOINT NOTICE of filing of Stipulaiton and Agreement of settlement, Preliminary Approval order and exhibits by Lucian B. Cox III, Software AG Systems, Daniel F. Gillis, Carl J. Rickertsen, Philip S. Dauber, Erwin Koenigs, Harry K. McCreery, Derek Brigden, Paul G. Stern, Thayer Equity Invest, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. (bsha) [Entry date 05/01/00] 4/28/00 104 STIPULATION OF SETTLEMENT by Lucian B. Cox III, Software AG Systems, Daniel F. Gillis, Carl J. Rickertsen, Philip S. Dauber, Erwin Koenigs, Harry K. McCreery, Derek Brigden, Paul G. Stern, Thayer Equity Invest, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. (bsha) [Entry date 05/01/00] 4/28/00 105 JOINT NOTICE of Hearing: on 5/5/00 at 10:00 for pltfs and defts will present their joint request for entry of preliminary approval order (bsha) [Entry date 05/01/00] 4/28/00 -- Deadline updated; set Hearing Deadline for 10:00 5/5/00 for pltfs and defts to present their joint request for entry of preliminary approval order (bsha) [Entry date 05/01/00] 5/4/00 -- Per AVB chambers motions set for 5/5/00 on papers (bsha) 5/5/00 106 PRELIMINARY APPROVAL ORDER, the proposed settlement appears to be sufficiently fair, reasonable, and adequate to warrant notice of a full hearing on the settlement to members of the Class. The court hereby preliminarily approves the settlement and directs that a hearing be held set Settlement Conference for 10:00 9/8/00 to consider the fairness, reasonableness and adequacy of the settlement to the previously certified class (see order for more details)( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes [EOD Date: 5/5/00] (mcke) 9/1/00 107 MEMORANDUM by Lucian B. Cox III in support of [104-1] Final Approval of Settlement (large pleading) (clar) 9/1/00 108 BRIEF by Lucian B. Cox III, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. in support of joint application for award of attorneys' fees and reimbursement of expenses (their is no motion filed per cousnel) (sent to AVB) (mcke) [Entry date 09/05/00] 9/1/00 109 Declaration of Robin Switzenbaum by Lucian B. Cox III, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. in support of the joint application for an award of attorneys' fees and reimbursement of expenses (sent to AVB) (mcke) [Entry date 09/05/00]

9/1/00 -- Exhibits received by Lucian B. Cox III, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. to joint petition for attorney's fees and reimbursement of expenses (large pleading) (sent to AVB) (mcke) [Entry date 09/05/00] 9/7/00 110 MOTION by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for Fred Taylor to Appear Pro Hac Vice (counsel notified to pay the fee) (mcke) [Entry date 09/11/00] 9/8/00 -- Minute entry: Appearance of counsel. Final Judgment Order and Order for fee appllication and expense reimbursement of pltf's counsel entered. (agil) [Entry date 09/11/00] 9/8/00 111 FINAL ORDER Approving Fee Application and Expense Reimbursement of Pltf's Counsel that: 1) Pltf's counsel are awarded counsel fees in the amount of $1,155,000, which constitutes 33% of the Settlement Fund of $3,500,000. Pltf's counsel are further awarded interest on the Fee Award from the date of initial deposit of the Settlement Fund until the date of payment of the Fee Award, at the same rates of interest earned by the Settlement Fund. 2) Pltf's counsel are awarded reimbursement for expenses incurred in the prosecution and settlement of this action in the amount of $373,740.97. See Order for details. ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes [EOD Date: 9/11/00] (agil) [Entry date 09/11/00] 9/8/00 112 FINAL ORDER that: 1) Notice to the Class required by Rule 23(e) of the Fed.R.Civ.P. has been given in an adequate and sufficient manner, constituting the best notice practicable, complying w/such Rule, the Private Securities Reform Act of 1995, and due process. 2) The Proposed Settlement is in all respects fair and adequate to the Class and its members, pursuant to Rule 23(e) of the Fed. R. Civ.P. 3) Pltf's and Dft's shall consummate the Settlement in accordance w/the Stipulation. 4) Neither the Stipulation, nor the Settlement, nor this Final Jugment Order shall be deemed to constitute, or used as evidence of, an admission by any of the dft's of any liability or wrongdoing or damamge whatsoever on the part if the dft's or the validity of any of the asserted claims, or an admission of lack of merit of asserted claims by the pltf. 5) Pltf's , the Class and each and every Class member, and their heirs, assigns, executors and successors in interest are permanently barred and enjoined from asserting against any or all dft's all claims whatsoever, known or unknown, which have been asserted or , based upon the facts, circumstances and claims alleged, could have been asserted by pltfs the Class, or any of them in this action against dfts, the released dfts, or any of them, in connection with arising out of, or in any way releated to, any acts, failures to act, omissions, representations or misrepresentations, facts, events tranactions, occurrences

or other matters set forth, alleged, embraced or otherwise referred to in the Complaint herein, including released Claims and all claims for violations of federal, state, common to other law releating in any manner to the purchases by the Class during the Class period of common stock of AGS. 6) The releases of the Released Dft's, as described and set forth in paragraph 26 of the Stipulations are, on the Effective Date, rendered and declared fully effective and enforceable. On the Effective Date, Pltfs and the Class conclusively shall be deemed to have fully and forever rleased and discharged the Released Dfts w/respect to any and all of the Released Claims, as defiened in paragraph 26 of the Stipulation. 7) Persons who have duly and timely requested exclusion from the certified Class, each whom is identified in Schedule A attached hereto, may not participate in any of the benefits of this Settlement of the Action and shall not receive nor be entitled to receive any proceeds from the Settlement Fund and shall not be bound by this Judgment and Stipulation. All Class members shall be bound fully by the terms and provisions of this Judgment and of the Stipulation. 8) This Action is Dismissed with prejudice and without costs, and all Released Claims, as defined in paragraph 26 of the Stipulation, are hereby extinguished against all Released Dfts identified. 9) Any order, or any objection to or appeal from any order approving the Plan of Allocation or of any award of atty's fees or expenses or expenses shall in no way disturb or affect this Judgment and shall be considered separate from this Final judgment dismissing with prejudice this action. 10) Without affecting the finality of this judgment, jurisdiction is hereby retained as to all matters releated to administration and consummation of the Settlement hereby approved. 11) The Court hereby directs entry of this Final Judgment Order w/prejudice as a final jugment pursuant to Rule s54(a) & (b) of the Fed. R. Civ. P. See Order for details. ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes [EOD Date: 9/11/00] (agil) [Entry date 09/11/00] 9/8/00 -- CASE assigned to Judge Albert V. Bryan Jr. (agil) [Entry date 09/11/00] 9/8/00 -- Case closed (agil) [Entry date 09/11/00] 9/11/00 113 NOTICE of by Lucian B. Cox III, City of Philadelphia, Philip Andrew Garner, Dan Babor, Joseph J, Szlavik Jr. by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III Withdrawing [110-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for Fred Taylor to Appear Pro Hac Vice (mcke) [Entry date 09/13/00] 11/14/01 114 MOTION by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for an order to approve distribution of settlement funds to valid claimants, by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to

allow late-filed claims , by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to disallow rejected claims, by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to pay additional settlement administration costs (mcke) [Entry date 11/15/01] 11/14/01 115 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 11/30/01 for [114-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for an order to approve distribution of settlement funds to valid claimants, set for 10:00 11/30/01 for [114-2] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to allow late-filed claims, set for 10:00 11/30/01 for [114-3] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to disallow rejected claims, set for 10:00 11/30/01 for [114-4] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to pay additional settlement administration costs (mcke) [Entry date 11/15/01] 11/30/01 -- Minute entry: Judge Wexler (Reporter: Leanne Krivonak) Case called, counsel present. Motion hearing held. Pltf's motion for an order to approve distribution of settlement funds - motion argued and granted. Order signed. Motion hearing concluded. (agil) [Entry date 12/03/01] 11/30/01 116 ORDER [114-1] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III for an order to approve distribution of settlement funds to valid claimants, [114-2] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to allow late-filed claims, [114-3] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to disallow rejected claims, [114-4] motion by Joseph J, Szlavik Jr., Dan Babor, Philip Andrew Garner, City of Philadelphia, Lucian B. Cox III to pay additional settlement administration costs, the court directs that the checks for distribution to the Authorized Claimants shall bear the notation "Non-Negotiable after 180 days," and that no check shall be negotiated in the settlement fund more than 200 days after the date of the check. The court directs that, 220 days after the initial distribution of the Net Settlement Fund to Authorized Claimants, and after appropriate efforts, as delineated in the distribution motion, to locate and distribute funds to the Authorized Claimants, it will be appropriate to distribute any unclaimed monies remaining in the net settlement fund to pay any additional administrative expenses, with the remainder to be distributed to a non-profit charitable organization as determined by the court. Such distribution shall be in the public interest.(see order for more details) ( signed by Judge Leonard D. Wexler ) Copies Mailed: yes [EOD Date: 12/11/01] (mcke) [Entry date 12/11/01]

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