US District Court Civil Docket as of 05/26/2006 Retrieved from the court on Thursday, November 29, 2007

U.S. District Court Southern District of New York (White Plains)

CIVIL DOCKET FOR CASE #: 7:21-mc-00076-CLB-GAY

In Re: Oxford Health Plans, et al v. , et al Assigned to: Judge Charles L. Brieant Referred to: Magistrate Judge George A. Yanthis Demand: $0 Cause: 15:78m(a) Securities Exchange Act

Date Filed: 05/05/1998 Date Terminated: 06/12/2003 Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Plaintiff Metro Services, Inc. represented by Richard B. Dannenberg

Lowey Dannenberg Bemporad & Sellinger, P.C. The Gateway One North Lexington Avenue White Plains, NY 10601 (914)997-0500 LEAD ATTORNEY Robert M. Roseman Spector, Roseman & Kodroff, P.C. (PA) 1818 Market Street, 25th Floor Philadelphia, PA 19103 (215) 496-0300 Fax: (215)-496-6611 Email: rroseman@srk-law.com LEAD ATTORNEY Stanley D Bernstein Bernstein Liebhard & Lifshitz, LLP 10 East 40th Street New York, NY 10016 (212) 779-1414 Fax: (212) 779-3218 Email: bernstein@bernlieb.com LEAD ATTORNEY

Plaintiff

Anthony P. Uzzo for the Anthony P. Uzzo Defined Benefit Keogh Plan and as Trustee of the A. Uzzo & Co. Pension Trust of Purchase, New York

represented by Richard B. Dannenberg (See above for address) LEAD ATTORNEY

Plaintiff

Anthony Siniscalchi represented by Richard B. Dannenberg (See above for address) LEAD ATTORNEY

Plaintiff

Blaise Fredella represented by Richard B. Dannenberg (See above for address) LEAD ATTORNEY

Plaintiff

Worldco, LLC represented by Jill Rosell Lowey Dannenberg Bemporad & Selinger The Gateway One North Lexington Avenue White Plains, NY 10601 (914) 997-0500 LEAD ATTORNEY

Plaintiff

Gateway Capital Partners, LP represented by Jill Rosell (See above for address) LEAD ATTORNEY

Plaintiff

Lawrence Group Partners, LP represented by Jill Rosell (See above for address) LEAD ATTORNEY

Plaintiff

PTJP Partners, LP represented by Jill Rosell (See above for address) LEAD ATTORNEY

Plaintiff

Murray Berman represented by Jill Rosell (See above for address) LEAD ATTORNEY

Plaintiff

Marko Jerovsek represented by Jill Rosell

(See above for address) LEAD ATTORNEY

Plaintiff

Julian Hill represented by Jill Rosell (See above for address) LEAD ATTORNEY

Plaintiff

Ellen Loring represented by Jill Rosell (See above for address) LEAD ATTORNEY

Plaintiff

Benjamin A. Corteza represented by Jill Rosell (See above for address) LEAD ATTORNEY

Plaintiff

Geoffrey M. Gyrisco represented by Jill Rosell (See above for address) LEAD ATTORNEY

Plaintiff

Dr. Robert J. Rosenkranz represented by Jill Rosell (See above for address) LEAD ATTORNEY

Plaintiff

North River Trading Company, LLC represented by Mark Casser Gardy Gardy & Notis, LLP 440 Sylvan Avenue Suite 110 Englewood Cliffs, NJ 07632 (201)567-7377 Fax: (201)567-7337 Email: mgardy@gardylaw.com LEAD ATTORNEY

Plaintiff

John Turner represented by Mark Casser Gardy (See above for address)

LEAD ATTORNEY

Plaintiff

Edna Roth Derivatively on behalf of Oxford Health Plans, Inc. a Delaware Corporation

represented by Karen L. Morris Morris and Morris 1105 North Market Street Wilmington, DE 19801 (302) 426-0400 LEAD ATTORNEY

Plaintiff

Arthur Plevy Derivatively on behalf of Oxford Health Plans, Inc.

represented by Glen DeValerio Berman Devalerio & Pease One Liberty Square Boston, Ma 02109 (617) 542-8300 LEAD ATTORNEY

Plaintiff

Judith Mosson represented by Paul Oliva Paradis Abbey Spanier Rodd Abrams & Paradis, LLP 212 East 39th Street New York, NY 10016 (212) 889-3700 Fax: (212) 684-5191 Email: pparadis@hhplawny.com LEAD ATTORNEY

Plaintiff

Clark Boyd represented by Joseph Harry Weiss Weiss & Lurie 551 Fifth Ave, New York, NY 10176 (212)682-3025 Fax: 212 682 3010 Email: jweiss@weisslurie.com LEAD ATTORNEY

Plaintiff

Jane Boyd represented by Joseph Harry Weiss (See above for address) LEAD ATTORNEY

Plaintiff

Dane Field Derivatively and on behalf of Oxford Health Plans, Inc.

represented by Joseph Harry Weiss (See above for address) LEAD ATTORNEY

Plaintiff

Angeles Glick Derivatively on behalf of Oxford Health Plans, Inc.

represented by Marc Ian Gross Pomerantz Haudek Block Grossman & Gross LLP 100 Park Avenue, 26th Floor New York, NY 10017 (212)661-1100 Fax: (212) 661-8665 Email: migross@pomlaw.com LEAD ATTORNEY

Plaintiff

Elena Rudish

Plaintiff

Charles Heller

Plaintiff

Martin Lowrie Ira

Plaintiff

Timothy O. Fanning

Plaintiff

Joseph C. Barton

Plaintiff

Rita Saga

Plaintiff

Marcia Cohen

Plaintiff

Benjamin Cohen

Plaintiff

Melvin S. Katzman

Plaintiff

Miri Shapiro

Plaintiff

Howard Vogel Retirement Plan represented by Bruce D. Bernstein Dreier LLP 499 Park Avenue New York, NY 10022 212-946-9410 Fax: 212-868-1229 Email: bbernstein@milberg.com LEAD ATTORNEY Deborah Clark-Weintraub Whatley, Drake & Kallas, LLC (NYC) 1540 Broadway, 37th Floor New York, NY 10036 (212) 447-7070 x7034 Fax: (212) 447-7077 Email: dweintraub@wdklaw.com LEAD ATTORNEY Janine Lee Pollack Milberg Weiss Bershad Hynes & Lerach LLP One Pennsylvania Plaza New York, NY 10119 (212) 594-5300 LEAD ATTORNEY Patricia M. Hynes Milberg Weiss Bershad Hynes & Lerach LLP One Pennsylvania Plaza New York, NY 10119 (212) 594-5300 Email: phynes@milberg.com LEAD ATTORNEY

Plaintiff

Scott Dinhofer

Plaintiff

T. B. Doe, III

Plaintiff

Jeff Weckstein

Plaintiff

Bob Greckel

Plaintiff

Gary Weber TERMINATED: 12/09/1999

Plaintiff

Daniel Willis

Plaintiff

Elvino A. Saura

Plaintiff

Joseph Selig

Plaintiff

Brett Brandes

Plaintiff

Carol Ross

Plaintiff

Sheila Sole

Plaintiff

Earl D. Henricks

Plaintiff

Jeffrey Williams

Plaintiff

Direct Marketing Day in New York, Inc.

Plaintiff

Harold Serbin

Plaintiff

I. Leonard Hoffman

Plaintiff

Thomas Duane Armstrong

Plaintiff

Gil Roeder

Plaintiff

Richard Levandov

Plaintiff

Mardi Braun

Plaintiff

Thomas C. Blauvelt

Plaintiff

Malamate Barreto

Plaintiff

Chris Hobler

Plaintiff

Peter W. Hobler as Trustee for the Peter Hobler Revocable Trust

Plaintiff

Leigh Hobler Gerard as Trustee for the Leigh Hobler Gerard Revocable Trust

Plaintiff

Ernest P. Bergmann

Plaintiff

Nicole Pasternak

Plaintiff

Perkins Partners I. Ltd.

Plaintiff

N.I.D.D. Ltd.

Plaintiff

Howard Burch

Plaintiff

Wei-Mon Mark

Plaintiff

Dean Ross

Plaintiff

Mark Savet

Plaintiff

William Lerchbacker

Plaintiff

Eliot Charnas

Plaintiff

Lawrence D. Frost

Plaintiff

State Board of Administration of Florida

Plaintiff

Josh Scheinfeld

Plaintiff

Cheryl Fisher represented by Robert I. Harwood Wechsler Harwood LLP 488 Madison Avenue, 8th Floor New York, NY 10022 212-935-7400 Fax: 212 753-3630 Email: rharwood@hfesq.com LEAD ATTORNEY

Plaintiff

William Steiner represented by Robert I. Harwood (See above for address) LEAD ATTORNEY

Plaintiff

Morris J. Koenig

Plaintiff

Robert Wolper

Plaintiff

Al Tawil

Plaintiff

Howard Winters

Plaintiff

Annbeth Winters

Plaintiff

Jerry Krim

Plaintiff

Public Employees Retirement Association of Colorado

represented by Denise T. DiPersio Grant & Eisenhofer, P.A. 1201 North Market Street Suite 2100 Wilmington, DE 19801 (302) 622-7000 LEAD ATTORNEY Jay W. Eisenhofer Grant & Eisenhofer, PA (DE) Chase Manhattan Centre 1201 North Market Street Wilmington, DE 19801 (302) 622-7000 LEAD ATTORNEY Stuart M. Grant Grant & Eisenhofer, P.A. 1201 North Market Street Suite 2100 Wilmington, DE 19801 (302) 622-7000 Email: sgrant@gelaw.com LEAD ATTORNEY

Plaintiff

PBHG Growth II Portfolio represented by Martin D. Chitwood Chitwood & Harley Suite 2300, Promenade II 1230 Peachtree Street, N.E. Atlanta, GA 30309 (404)873-3900 LEAD ATTORNEY

Plaintiff

PBHG Large Cap Growth Portfolio represented by Martin D. Chitwood (See above for address) LEAD ATTORNEY

Plaintiff

PBHG Select 20 Portfolio represented by Martin D. Chitwood (See above for address) LEAD ATTORNEY

Plaintiff

PBHG Large Cap Growth Fund represented by Martin D. Chitwood (See above for address) LEAD ATTORNEY

Plaintiff

PBHG Large Cap 20 Fund represented by Martin D. Chitwood (See above for address) LEAD ATTORNEY

Plaintiff

Paul J. Silvester as Treasurer of the State of Connecticut and as Trustee of the State of Connecticut Retirement Plans and Trust Funds

represented by William J. Prensky Office of the Attorney General 110 Sherman St. Hartford, Ct 06105 (860) 808-5430 LEAD ATTORNEY

Plaintiff

Mead Ann Krim on behalf of herself and all others similarly situated

represented by Harvey Greenfield 60 East 42nd Street #R2001 New York, NY 10165-0006 (212) 679-0600 TERMINATED: 12/24/2002 LEAD ATTORNEY Laura M. Perrone The Law Firm of Harvey Greenfield 60 East 42nd Street Suite 2001 New York, NY 10165 (212) 949-5500 LEAD ATTORNEY

V.

Defendant

Oxford Health Plans, Inc. represented by Philip L. Graham, Jr. Sullivan & Cromwell 125 Broad Street New York, NY 10004-2498 (212) 558-4000 LEAD ATTORNEY

Defendant

Stephen F. Wiggins represented by Peter J. Beshar Gibson, Dunn & Crutcher LLP 200 Park Avenue New York, NY 10166-0193 (212) 351-4000 LEAD ATTORNEY

Defendant

William M. Sullivan

Defendant

Jeffrey H. Boyd

Defendant

Andrew B. Cassidy represented by Peter J. Beshar (See above for address) LEAD ATTORNEY

Defendant

Robert M. Smoler TERMINATED: 03/03/2003

Defendant

David A. Finkel

Defendant

Brendan R. Shanahan

Defendant

Robert B. Milligan, Jr. TERMINATED: 01/28/2003

represented by Maureen C. Shay Latham & Watkins 885 Third Avenue Suite 1000 New York, NY 10022 (212) 906-1200 TERMINATED: 01/28/2003 LEAD ATTORNEY

Defendant

James B. Adamson

Defendant

Fred F. Nazem

Defendant

Thomas A. Scully

Defendant

Benjamin M. Safirstein TERMINATED: 02/20/2003

Defendant

John P. Driscoll

Defendant

David B. Snow, Jr.

Defendant

Jay L. Silverstein

Defendant

Thomas A. Travers TERMINATED: 02/20/2003

Defendant

Marcia J. Radosevich

Defendant

Paul Ricker

Defendant

Jeanne Wisniewski

Defendant

Kevin R. Hill

Defendant

Frank Medici

Defendant

Alan Sokolow

Defendant

Alfred L. Kopit

Defendant

KPMG Peat Marwick LLP represented by Kelly Marie Hnatt Willkie Farr & Gallagher LLP (NY) 787 Seventh Avenue New York, NY 10019 (212) 728-8000 Fax: (212) 728-8000 Email: maosdny@willkie.com LEAD ATTORNEY Richard L. Klein Willkie Farr & Gallagher 787 Seventh Avenue New York, NY 10019-6099 (212) 728-8000 LEAD ATTORNEY

Interested Party

Jay Alix & Associates represented by Eugene I. Farber Farber, Segall & Pappalardo 200 East Post Road White Plains, NY 10601 (914) 761-9400 LEAD ATTORNEY

V.

All Plaintiffs

ALL PLAINTIFFS

Plaintiff

SEIU National Industry Pension Fund

Plaintiff

Direct Marketing Day in New York, Inc.

Plaintiff

Shiv N. Dasgupta

Plaintiff

Sheila Sole

Plaintiff

Office and Professional Employee International Union Local 153 Pension Fund

Plaintiff

Christina A. Lyon

Plaintiff

John Jr. Kulacz Under Power of Attorney for John S. Kulacz, III

Plaintiff

Edward Bartolo

Plaintiff

Metro Services, Inc.

Plaintiff

PTJP Partners, Ltd.

Plaintiff

Sergeant John Turner

Plaintiff

Al Tawil

Plaintiff

North River Trading Company

Movant

Reliance Insurance CO. represented by Diane L. Van Epps Duane, Morris & Heckscher LLP 555 Pleasantville Road Suite 200 North Briarcliff Manor, NY 10510 (914) 749-3700 LEAD ATTORNEY

Date Filed # Docket Text

05/05/1998 1 CERTIFIED TRUE COPY OF MDL TRANSFER ORDER FROM THE MDL PANEL...that pursuant, to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in districts outside the Southern District of New York and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Charles L. Brieant, Jr. for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (dcap) (Entered: 08/18/1998)

06/11/1998 Motion hearing re: motion for appointment of lead plaintiff and lead counsel. Motion Hearing begun and concluded. (dcap) (Entered: 09/04/1998)

06/12/1998 Memorandum to Docket Clerk: Hearing begun and concluded on June 11, 1998 on motions for appointment of lead plaintiff and lead counsel. (Court Reporter: Mary Staten) Judge's Decision: Decision Reserved. (dcap) (Entered: 09/04/1998)

06/15/1998 2 AFFIDAVIT of MARTIN D. CHITWOOD by PBHG Growth II Port., PBHG L. C. G. Port., PBHG Select 20 Port., PBHG L. C. G. Fund, PBHG L. C. 20 Fund Re: (dcap) (Entered: 09/04/1998)

07/15/1998 3 MEMORANDUM by PERA of Colorado in support of its motion for appointment as lead plaintiff and appointment of lead counsel and in opposition to the motions of the Vogel Plaintiffs, PBHG Funds, Inc., The Tawil Plaintiffs, The Saura Plaintiffs and N.I.D.D., Ltd. for the appointment of lead plaintiff and appointment of lead counsel. (dcap) (Entered: 09/04/1998)

07/15/1998 4 APPENDIX by PERA of Colorado In re: in support of its motion for appointment as lead plaintiff and appointment of lead counsel and in opposition to the motions of the Vogel Plaintiffs, PBHG Funds, Inc., The Tawil Plaintiffs, The Saura Plaintiffs and N.I.D.D., Ltd., for the appointment of lead plaintiff and appointment of lead counsel. (dcap) (Entered: 09/04/1998)

07/15/1998 5 DECLARATION OF JAY W. EISENHOFER by PERA of Colorado in support of Colorado PERA's motion for appointment as Lead Plaintiff and appointment of Lead Counsel. (dcap) Modified on 09/04/1998 (Entered: 09/04/1998)

07/15/1998 6 DECLARATION OF GEORGE KIM JOHNSON by PERA of Colorado in support of Colorado's PERA's motion for appointment as Lead Plaintiff and

appointment of Lead Counsel. (dcap) Modified on 09/04/1998 (Entered: 09/04/1998)

07/15/1998 7 JOINT AFFIDAVIT OF PROFESSORS JOSEPH A. GRUNDFEST AND MICHAEL A. PERINO by PERA of Colorado Re: in support of Colorado's PERA's motion for appointment as Lead Plaintiff and appointment of Lead Counsel. (dcap) (Entered: 09/04/1998)

07/15/1998 8 RESPONSE by PBHG Growth II Port., PBHG L. C. G. Port., PBHG Select 20 Port., PBHG L. C. G. Fund, PBHG L. C. 20 Fund Re: ...to Tawil Plaintiff's Submission of Authority in support of motion for appointment as lead plaintiff. (dcap) (Entered: 09/04/1998)

07/15/1998 9 AFFIRMATION of I. WALTON BADER by SBA of Florida Re: in opposition to applications for appointment of lead plaintiff, lead counsel and liaison counsel or the filing of a consolidated complaint solely with respect to the above-entitled action. (dcap) (Entered: 09/04/1998)

07/15/1998 10 Letter by Charles Heller, Dean Ross, Mark Savet dated January 5, 1998, from Stephen D. Oestreich, counsel, Addressed to Hon. J. Charles L. Brieant re: ...we ask this court to defer consideration of the pending applications in this Court for appointment of Lead Plaintiff and for the appointment of Lead Counsel until it is determined which forum all the pending cases are to be consolidated in and whether the information supplied in certain of the competing motions satisfies the requirements of the PSLR... (dcap) (Entered: 09/04/1998)

07/15/1998 11 Letter by Blaise Fredella, Anthony Siniscalchi, Anthony P. Uzzo, Metro Services, Inc. dated May 8, 1998, from Richard B. Dannenberg, counsel, Addressed to Hon. J. Charles L. Brieant re: ...enclosed is a letter that we have circulated by mail this date with its enclosures. (dcap) (Entered: 09/04/1998)

07/15/1998 12 Letter by Elvino A. Saura dated May 18, 1998, from Christopher Lometti, counsel, Addressed to Hon. J. Charles L. Brieant re: ...courtesy copy of the Saura Plaintiffs' motion for appointment of lead plaintiffs and approval of lead counsel. (dcap) Modified on 10/01/1998 (Entered: 09/04/1998)

07/15/1998 13 Letter by PBHG Growth II Port., PBHG L. C. G. Port., PBHG Select 20 Port., PBHG L. C. G. Fund, PBHG L. C. 20 Fund dated May 26, 1998, from Martin D. Chitwood, counsel, Addressed to Hon. J. Charles L. Brieant re: ...courtesy copy of Notice of Motion of the PBHG Funds for leave to supplement motion for appointment of Lead Plaintiffs and Lead Counsel, and supporting memorandum. (dcap) (Entered: 09/04/1998)

07/15/1998 14 Letter by Howard Vogel Retire., Scott Dinhofer, T. B. Doe III, Jeff Weckstein, Bob Greckel, Gary Weber, dated May 27, 1998, from Patricia M. Hynes, counsel, Addressed to Hon. J. Charles L. Brieant re: ...on behalf of the Vogel Plaintiffs, we request premission to file a response to the motion the SEC on or before June 4, 1998. (dcap) Modified on 09/04/1998 (Entered: 09/04/1998)

07/15/1998 15 Letter by Howard Vogel Retire., Scott Dinhofer, T. B. Doe III, Jeff Weckstein, Bob Greckel, Gary Weber dated June 4, 1998, from Patricia M. Hynes, counsel, Addressed to Hon. J. Charles L. Brieant re: ...we were served with additional pa[ers by Colorado PERA opposing the Vogel Proposed Lead Plaintiffs motion

for appointment as lead plaintiffs. We respectfully request the opportunity to file a short response by Wednesday, June 10, 1998. (dcap) Modified on 09/04/1998 (Entered: 09/04/1998)

07/15/1998 16 Letter by SEC dated June 5, 1998, from Eric Summergrad, counsel, Addressed to Hon. J. Charles L. Brieant re: ...the Commission wishes to submit its motion for leave to file...and does not intend to present oral argument as amicus curiae on the lead plaintiff motions... (dcap) (Entered: 09/04/1998)

07/15/1998 17 Letter by Sheila Sole, dated June 23, 1998, from M. Richard Komins, Addressed to Hon. J. Charles L. Brieant re: ...We understand that the Court is considering appointing an executive committee in these consolidated actions, and we write to request that this firm be considered for membership on such an executive committee... (dcap) (Entered: 09/04/1998)

07/15/1998 18 Letter by Al Tawil dated June 30, 1998, from Howard Longman, counsel, Addressed to Hon. J. Charles L. Brieant re: ...seeks appointment as lead plaintiff of a separate class of purchasers of call options and sellers of put options on shares of Oxford Health Plans, Inc....request that this Court consider the very recent decision enclosed herewith entitled Chill, et al. v. Greentree Financial Corporation...(dcap) Modified on 10/02/1998 (Entered: 09/04/1998)

07/15/1998 19 MEMORANDUM DECISION ...For the reasons stated above the Colorado PERA, the Vogel Group (consisting of Mr. Hurley, Mr. Weber, and Mr. Sabbia) and PBHG will be the lead plaintiffs in this litigation and Grant and Eisenhofer, P.A., Milberg Weiss Bershad Hynes & Lerach, L.L.P., and Chitwood & Harley are appointed as co-lead counsel. An Executive Committee shall be formed in accordance with this decision. The court reserves the right to alter this structure at any time and for any reason, and will do so if it finds that the progress of this litigation is being delayed, that expenses are being unnecessarily enlarged, or if the structure established proves detrimental, in any way, to the best interests of the proposed class. The lead plaintiffs shall have 30 days from the date of this order, unless enlarged by the Court, in which to serve a consolidated amended complaint. The amended complaint shall allege the largest class period which in the judgment of counsel is supported by facts. Following consultation with the defense attys, a proposed discovery and case management plan shall be submitted within 30 days thereafter, for consideration and approval by the Court. If the attorneys are unable to agree on such a plan, the Court shall be notified immediately, and will schedule a hearing. At this time all other pending motions directed to the prior complaints and for other relief are denied with leave to renew after the consolidated amended complaint is filed. A formal order may be settled on 10 days notice giving effect to the directions set forth herein. ( signed by Judge Charles L. Brieant ); (EOD 07/16/98) Copies mailed (dcap) (Entered: 09/04/1998)

07/20/1998 20 Letter by S.E.C. dated June 5, 1998, from Eric Summergrad, Principal Assistant General Counsel, Addressed to Hon. J. Charles Brieant re: ...sumbmit its motion for leave to file...and does not intend to present oral argument as amicus curiae on the lead plaintiffs motions... (dcap) Modified on 10/01/1998 (Entered: 10/01/1998)

07/22/1998 21 Letter by S.E.C. dated July 17, 1998, from Eric Summergrad, Principal Assistant General Counsel, Addressed to Hon. J. Charles L. Brieant re: ...writing to address two matters raised in the opinion: ...Commission's decision not to appear at oral

argument in the case...concern that your opinion may be read as reflecting unfairly on Luis de la Torre... (dcap) Modified on 10/01/1998 (Entered: 10/01/1998)

07/22/1998 22 Letter by Hon. J. Charles L. Brieant, dated July 21, 1998, Addressed to Hon. Eric Summergrad, Principal Assistant General Counsel, S.E.C. re ...be assured that no criticism of any kind was intended, either of Attorney de la Torre or of the Commission.... (dcap) (Entered: 10/01/1998)

07/23/1998 23 NOTICE OF MOTION by PERA of Colorado for amendment of this Court's July 15, 1998 Memorandum Decision to include certification to permit the immediate appeal under 28 U.S.C. 1292(b) to the U.S.C.A. for the Second Circuit . Return date 7/31/98 (dcap) (Entered: 10/01/1998)

07/27/1998 24 Letter by Howard Vogel Retire., Scott Dinhofer, T. B. Doe III, Jeff Weckstein, Bob Greckel, Gary Weber, dated July 24, 1998, from Patricia M. Hynes, Addressed to Hon. J. Charles L. Brieant re: ...enclosed a courtesy copy of the Notice of Filing of Proposed Order Appointing Lead Plaintiffs and Lead Counsel...The Proposed Order sets a deadline of September 18, 1998 for the filing of a consolidated amended complaint... (dcap) Modified on 10/02/1998 (Entered: 10/01/1998)

07/30/1998 25 MEMORANDUM by Howard Vogel Retire., Scott Dinhofer, T. B. Doe III, Jeff Weckstein, Bob Greckel, Gary Weber in opposition to [23-1] motion for amendment of this Court's July 15, 1998 Memorandum Decision to include certification to permit the immediate appeal under 28 U.S.C. 1292(b) to the U.S.C.A. for the Second Circuit. (dcap) (Entered: 10/01/1998)

07/30/1998 26 RESPONSE by PBHG Growth II Port., PBHG L. C. G. Port., PBHG Select 20 Port., PBHG L. C. G. Fund, PBHG L. C. 20 Fund in opposition to [23-1] motion for amendment of this Court's July 15, 1998 Memorandum Decision to include certification to permit the immediate appeal under 28 U.S.C. 1292(b) to the U.S.C.A. for the Second Circuit. (dcap) (Entered: 10/01/1998)

07/30/1998 27 NOTICE of attorney appearance for Paul J. Silvester by William J. Prensky. (dcap) (Entered: 10/01/1998)

07/31/1998 28 ORDER APPOINTING LEAD PLAINTIFF AND LEAD COUNSEL...ordered that: The Public Employee's Retirement Association of Colorado (ColPERA), the Vogel Plaintiff Groupt (consisting of Daniel Hurley, Gary Weber, and Michael Sabbia), and the PBGH Funds, Inc. are appointed co-lead plaintiffs in this litigation, with each exercising a single equal vote, and Grant Eisenhofer, P.A., Milberg Weiss Bershad Hynes & Lerach LLP, and Chitwood & Harley are appointed as co-lead counsel...Liaison Counsel previously appointed by the Court, Lowey, Dannenberg, Bemporad & Selinger, P.C., shall be charged with administering communications between the Court and Counsel (i.e. receiving and distributing orders on behalf of the group), keeping counsel apprised of developments in the case and scheduling matters, and generally assisting in coordination... The Court reserves the right to alter this structure at any time and for any reasons, and will do so if it finds that the progress of the litigation is being delayed, that expenses are being unnecessarily enlarged, or if the structure established proves detrimental, in any way to the best interests of the proposed class. The motion of Pltff Al Tawail to be appointed lead plaintiff of a sub-class of

investors who lost money on options to buy and sell Oxford stock during the alleged class period is Denied without prejudice. The lead plaintiffs shall file a consolidated amended complaint by September 18, 1998.... All other pending motions directed to the prior complaints and for other relief are DENIED with leave to renew after the consolidated amended complaint is filed... ( signed by Judge Charles L. Brieant ); Copies mailed (dcap) Modified on 10/02/1998 (Entered: 10/01/1998)

07/31/1998 Memorandum to Docket Clerk: Hearing begun and concluded on July 31, 1998 of Public Employees' Retirement Association of Colorado's motion pursuant to Rule 59(e) Fed.R.Civ.P. for amendment of this Court's July 15, 1998 memorandum decision to include certification to permit an immediate appeal under 28 USC Section 1292(b). Judge Decision: Decision reserved. (Court Reporter Mary Staten) (dcap) (Entered: 10/01/1998)

07/31/1998 Motion hearing re: [23-1] motion for amendment of this Court's July 15, 1998 Memorandum Decision to include certification to permit the immediate appeal under 28 U.S.C. 1292(b) to the U.S.C.A. for the Second Circuit. Judge Decision Reserved. (dcap) (Entered: 10/01/1998)

08/05/1998 29 MEMOANDUM AND ORDER denying [23-1] motion for amendment of this Court's July 15, 1998 Memorandum Decision to include certification to permit the immediate appeal under 28 U.S.C. 1292(b) to the U.S.C.A. for the Second Circuit.... For the reasons set forth above, ColPERA's motion is denied. ( signed by Judge Charles L. Brieant ); Copies mailed (dcap) (Entered: 10/01/1998)

08/13/1998 31 Letter by PBHG Growth II Port., PBHG L. C. G. Port., PBHG Select 20 Port., PBHG L. C. G. Fund, PBHG L. C. 20 Fund dated July 30, 1998, from Martin D. Chitwood, Addressed to Hon. J. Charles L. Brieant re: ...a courtesy copy of The PBHG Funds Opposition to Public Employees' Retirement Association of Colorado's ("ColPERA") Motion to Amend Order.... (dcap) (Entered: 10/02/1998)

08/13/1998 32 Letter dated July 30, 1998, from Attorney Samuel P. Sporn, counsel, Addressed to Hon. J. Charles L. Brieant re: ...write with respect to the application made by the Colorado Plaintiff for certification. For the reasons expressed in the Milberg Weiss papers we respectfully request Your Honor to deny such application.... (dcap) (Entered: 10/02/1998)

08/13/1998 33 Letter by Howard Vogel Retire., Scott Dinhofer, T. B. Doe III, Jeff Weckstein, Bob Greckel, Gary Weber dated July 30, 1998, from Patricia M. Hynes, counsel, Addressed to Hon. J. Charles L. Brieant re: ...enclosed a courtesy copy of the Vogel Plaintiffs' Memorandum of Law In Opposition To The "Motion To Amend Order" By Public Employees' Retirement Association of Colorado... (dcap) (Entered: 10/02/1998)

08/14/1998 34 NOTICE OF APPEAL by PERA of Colorado ; from [19-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Jay W. Eisenhofer, Stephen Lowey, Richard B. Dannenberg, Patricia M. Hynes, Esq., steven G. Schulman, Esq., Martin D. Chitwood, Robert J. Giuffra, Jr., Peter J. Beshar, Maureen C. Shay . Appeal record due on 9/14/98. $105.00 fee pd - receipt #316119 - C&D forms issued. (dcap) (Entered: 10/02/1998)

08/31/1998 35 Letter by Daniel Hurley, Michael Sabbia, Gary Weber dated August 28, 1998,

from Janine Pollack, Addressed to Hon. J. Charles L. Brieant re: ...write at the suggestion of your Clerk...In connection with the current appellate proceedings...request that this Court add as plaintiff-parties on the docket Gary Weber, Daniel Hurley and Michael Sabbia...also PBHG Funds, Inc. as a plaintiff party.... (dcap) Modified on 10/02/1998 (Entered: 10/02/1998)

09/04/1998 36 Transcript of record of proceedings filed for dates of July 31, 1998. (dcap) (Entered: 10/02/1998)

09/23/1998 37 STIPULATED PRETRIAL ORDER NO. 1 ...ordered The State Board Action shall hereby be coordinated for all pretrial purposes with the purported securities class actions (the "Securities Class Actions") and the purpored shareholder derivative actions (the "Federal Derivative Actions") presently pending before the Court against Oxford Health Plans, Inc. and certain of its officers and directors. Pltff shall have fifteen (15) days after the filing of the consolidated amended complaint in the Securities Class Action to amend the complaint in the State Board Action. The Consolidated Complaint presently is scheduled to be filed on Octobert 2, 1998. Deft. shall not be required to move to dismiss or otherwise to respond to the State Board Complaint, or any amendment thereof, until thirty (30) days after they move or otherwise respond to the Consolidaed Complaint in the Securities Class Actions... ( signed by Judge Charles L. Brieant ). (dcap) (Entered: 10/02/1998)

09/23/1998 38 Filed Memo_Endorsement on letter dated September 15, 1998, from Attorneys Patricia M. Hynes, Martin Chitwood and Jay W. Eisenhoffer, Addressed to Hon. J. Charles L. Brieant re: ...writing to respectfully request a brief extension from September 18 to October 2, 1998 to file a Consolidated Amended Complaint in Oxford action. Defts subject to the Court's approval will have an addition two weeks to move against or answer the Consolidated Amended Complaint. Endorsed: Application Granted. ( signed by Judge Charles L. Brieant ) (dcap) (Entered: 10/02/1998)

10/02/1998 39 Consolidated And AMENDED Class Action COMPLAINT by Metro Services, Inc., Anthony P. Uzzo, Anthony Siniscalchi, Blaise Fredella, Worldco, LLC, Gateway Capital, Lawrence Group, PTJP Partners, LP, Murray Berman, Marko Jerovsek, Julian Hill, Ellen Loring, Benjamin A. Corteza, Geoffrey M. Gyrisco, Robert J. Rosenkranz, North River Trading, John Turner, Edna Roth, Arthur Plevy, Judith Mosson, Clark Boyd, Jane Boyd, Dane Field, Angeles Glick, Elena Rudish, Charles Heller, Martin Lowrie Ira, Timothy O. Fanning, Joseph C. Barton, Rita Saga, Marcia Cohen, Benjamin Cohen, Melvin S. Katzman, Miri Shapiro, Howard Vogel Retire., Scott Dinhofer, T. B. Doe III, Jeff Weckstein, Bob Greckel, Gary Weber, Daniel Willis, Elvino A. Saura, Joseph Selig, Brett Brandes, Carol Ross, Sheila Sole, Earl D. Henricks, Jeffrey Williams, Direct Marketing Day, Harold Serbin, I. Leonard Hoffman, Thomas Duane Armstrong, Gil Roeder, Richard Levandov, Mardi Braun, Thomas C. Blauvelt, Malamate Barreto, Chris Hobler, Peter W. Hobler, Leigh Hobler Gerard, Ernest P. Bergmann, Nicole Pasternak, Perkins Partners I., N.I.D.D. Ltd., Howard Burch, Wei-Mon Mark, Dean Ross, Mark Savet, William Lerchbacker, Eliot Charnas, Lawrence D. Frost, SBA of Florida, Josh Scheinfeld, Cheryl Fisher, William Steiner, Morris J. Koenig, Robert Wolper, Al Tawil, Howard Winters, Annbeth Winters, Jerry Krim, PERA of Colorado, PBHG Growth II Port., PBHG L. C. G. Port., PBHG Select 20

Port., PBHG L. C. G. Fund, PBHG L. C. 20 Fund, Paul J. Silvester , (Answer due 10/15/98 for Alfred L. Kopit, for Alan Sokolow, for Frank Medici, for Kevin R. Hill, for Jeanne Wisniewski, for Paul Ricker, for Marcia J. Radosevich, for Thomas A. Travers, for Jay L. Silverstein, for David B. Snow Jr., for John P. Driscoll, for Benjamin M. Safirstein, for Thomas A. Scully, for Fred F. Nazem, for James B. Adamson, for Robert B. Milligan Jr., for Brendan R. Shanahan, for David A. Finkel, for Robert M. Smoler, for Andrew B. Cassidy, for Jeffrey H. Boyd, for William M. Sullivan, for Stephen F. Wiggins, for Oxford Health Plans ) amending ; Summons issued. (ec) (Entered: 10/05/1998)

10/19/1998 40 Affidavit of service as to Stephen F. Wiggins by Gafoor Mohamed on 10/2/98 Answer due on 10/22/98 for Stephen F. Wiggins (ll) (Entered: 10/20/1998)

10/19/1998 40 Affidavit of service as to Robert B. Milligan Jr. by Theodore J. Morris on 10/2/98 Answer due on 10/22/98 for Robert B. Milligan Jr. (ll) (Entered: 10/20/1998)

10/19/1998 40 Affidavit of service as to Oxford Health Plans by Keagon Foster on 10/2/98 Answer due on 10/22/98 for Oxford Health Plans and upon KPMG Peak Marwick, LLP on Oct. 2, 1998 by Gafoor Mohaned (ll) (Entered: 10/20/1998)

11/02/1998 41 (UNSEALED 5/26/06) ONE SEALED DOCUMENT placed in vault - log#4288. Notice of Filing of Plaintiffs' Counsel's Time and Expense Report for Period from Inception Through September 30, 1998. (Entered: 11/02/1998)

11/02/1998 42 Filed Memo_Endorsement on letter to USDJ Brieant from atty Janine Pollack dated Nov. 2, 1998 re; plntfs request a 2 week extension to 11/16/98 to file the proposed pretrial order; ENDORSEMENT: Application Granted. So Ordered: ( signed by Judge Charles L. Brieant ) (ds) (Entered: 11/04/1998)

11/06/1998 43 NOTICE of attorney appearance for KPMG Peat Marwick LL by Richard L. Klein (ec) (Entered: 11/10/1998)

11/16/1998 44 STIPULATION and ORDER AMENDING CLASS DEFINITION IN CONSOLIDATED AND AMENDED CLASS ACTION COMPLAINT (see document for details) ( signed by Judge Charles L. Brieant ). (ec) (Entered: 11/17/1998)

11/24/1998 45 Affidavit of service by Abraham Greene on 11/5/98 ..... served a true copy of the Subpoena with exhibit "A" upon DLJ Bride Finance, Inc. Oxford Funding, Inc., c/o Donaldson, Lufkin & Jenrette at 277 Park Avenue, New York, NY. (ec) (Entered: 11/25/1998)

11/24/1998 46 Affidavit of service by James M. Walker on 11/6/98 .... served a true copy of the Subpoena with exhibit "A" upon Kohlberg Kravis & Roberts Co., c/o Simpson Thacher at 425 Lexington Avenue, New York, NY. (ec) (Entered: 11/25/1998)

12/02/1998 47 Letter filed dated December 2, 1998 to Judge Brieant from atty Richard B. Dannenberg re I respectfully refer the Court to my letter of October 30, 1998 on behalf of Liaison counsel and the Executive Committee requesting a pretrial conference with respect to a then proposed Pretrial Order No. 1. That conference is now scheduled for tomorow at 8:30am. ... Accordingly, we do not believe tomorrow's conference is necessary at this time and, as stated, we respectfully request a continuance. (ec) (Entered: 12/02/1998)

12/03/1998 48 ORDER The following law firms, having satisfied the criteria in the court's July 15, 1998 Memorandum Decision, are appointed as members of the Executive Committee: ABBEY GARDY & SQUITIERI, LLP, BARRACK RODOS & BACINE, BERGER & MONTAGUE, P.C., BERNSTEIN LIEBHARD & LIFSHITZ, BERNSTEIN LITOWITZ BERGER & GROSSMANN, LLP, ENTWISTLE & CAPPUCCI, LLP, LAW OFFICE OF BERNARD M. GROSS, P.C., LOWEY DANNENBERG BEMPORAD & SELINGER, P.C., SCHOENGOLD & SPORN, P.C., SIROTA & SIROTA, P.C., STULL, STULL & BRODY, WOLF POPPER LLP. So Ordered: ( signed by Judge Charles L. Brieant ); Copies mailed (ll) (Entered: 12/03/1998)

12/03/1998 49 Letter filed dated December 2, 1998 to Lead Pltfs' Counsel; defts' counsel; member of the exec committee from atty Richard B. Dannenberg re:continuance of Pre-trial conf to Wednesday, January 6, 1999 at 8:30am. (ec) (Entered: 12/04/1998)

12/03/1998 50 Letter filed dated November 23, 1998 to Barbara V. Lowe, Grievance Manager from Tim Halpern re oxford account (ec) (Entered: 12/04/1998)

12/03/1998 51 Letter filed dated December 3, 1998 to Mr. Tim Halpern from A. Flynn re respond to Nov. 23 ltr (ec) (Entered: 12/04/1998)

12/14/1998 52 Affidavit of service by James M. Walker on 11/24/98 served subpoena w/exh A upon Preferred Life Insurance Co at 152 West 57th Street, 18th Floor, NY, NY. (ec) (Entered: 12/15/1998)

12/16/1998 53 Filed Memo_Endorsement on letter dated December 16, 1998 to Judge Brieant from atty Robert Giuffra, Jr. re:we write, at the suggestion of your law clerk, to request that Oxford and the ten individual defts be permitted to file a single memorandum of law of sixty pages in support of a joint motion to dismiss the 139-page Consolidated and Amended Complaint in this action. Endorsed:Application Granted. So Ordered ( signed by Judge Charles L. Brieant ) (ec) (Entered: 12/17/1998)

12/18/1998 54 NOTICE OF MOTION by KPMG Peat Marwick LL to dismiss the amended complaint purs. to Rules 9(b) and 12(b)(6) , no Return date (ds) (Entered: 12/23/1998)

12/18/1998 55 MEMORANDUM by KPMG Peat Marwick LL in support of [54-1] motion to dismiss the amended complaint purs. to Rules 9(b) and 12(b)(6) (ds) (Entered: 12/23/1998)

12/22/1998 56 NOTICE OF MOTION by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan, Robert B. Milligan Jr., Benjamin M. Safirstein, Thomas A. Travers to dismiss the consolidated and amended complaint purs. to Rules 12(b)(6) and 9(b) , no Return date (ds) (Entered: 12/23/1998)

12/22/1998 57 MEMORANDUM by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan, Robert B. Milligan Jr., Benjamin M. Safirstein, Thomas A. Travers in support of [56-1] motion to dismiss the consolidated and amended complaint purs. to Rules 12(b)(6) and 9(b) (ds) (Entered: 12/23/1998)

12/22/1998 58 DECLARATION of Gandolfo V. DiBlasi Re: [56-1] motion to dismiss the consolidated and amended complaint purs. to Rules 12(b)(6) and 9(b) . (ds) (Entered: 12/23/1998)

12/22/1998 59 DECLARATION of Gandolfo V. DiBlasi VOL. II Re: [56-1] motion to dismiss the consolidated and amended complaint purs. to Rules 12(b)(6) and 9(b) . (ds) (Entered: 12/23/1998)

12/22/1998 60 NOTICE of Address Change....please take notice that effective December 12, 1998 the firm of Spector & Rosemand, P.C. will have the following new address, telephone and facsimile numbers: Spector & Roseman, P.C. 1818 Marker Street Suite 2500, Philadelphia, PA 19103. (ec) (Entered: 12/30/1998)

12/30/1998 61 NOTICE of Address Change ... the law firm of Entwistle & Cappucci LLP has moved. The firm's new address - Entwistle & Cappucci LLP, 400 Park Avenue - 16th Floow, New York, NY. (ec) (Entered: 12/30/1998)

01/07/1999 62 STIPULATION and ORDER (PRE-TRIAL ORDER #5), adding party(ies): named plaintiffs SEIU Nat. Ind. Pen., Direct Marketing Day, Shiv N. Dasgupta, Sheila Sole, OPEI Union Local 153, Christina A. Lyon, John Jr. Kulacz, Edward Bartolo, Metro Services, Inc., PTJP Partners, Ltd., John Turner, Al Tawil, North River Trad. ...in consolidated and amended class action complaint... ( signed by Judge Charles L. Brieant ). (dcap) (Entered: 01/13/1999)

01/07/1999 63 Letter filed by All plaintiffs, dated January 5, 1999, from Atty: Patricia M. Hynes, Addressed to Hon. J. Brieant, re: Stipulation and Order adding named plaintiffs... (dcap) (Entered: 01/13/1999)

01/07/1999 64 PRE-TRIAL ORDER # 6 filed...It is hereby ordered as follows: Consolidation of class actions, consolidated caption, consolidated and amended class action complaint and responses thereto... Application of this order to subsequently filed or transferred class actions. Discovery Schedules... Organization of class plaintiffs counsel... ( signed by Judge Charles L. Brieant (dcap) (Entered: 01/13/1999)

01/11/1999 65 (UNSEALED 5/26/06) SEALED DOCUMENT placed in vault log #4357. Notice of Filing of Plaintiffs' Counsel's Time and Expense Report for Period from October 1, 1998 Through December 31, 1998.(fk ). (Entered: 01/11/1999)

01/28/1999 Memorandum to Docket Clerk: Status conf. held on 1/28/99. (Ct rptr Angela O'Donnell). Submitted by Toni Bravato, Courtroom Deputy (ds) (Entered: 01/28/1999)

02/03/1999 126 MEMORANDUM OF LAW by Oxford Health Plans in support of [125-1] motion for appointed one of the lead plaintiffs; for approval of the appointment of lead counsel and for certification as a class representative (ec) (Entered: 02/04/2000)

02/09/1999 66 NOTICE of Address Change....please take notice that the address for the law firm of Bernstein Liebhard & Lifshitz has been changed to the following:Berstein Liebhard & Lifshitz, LLP, 10 East 40th Street, NY, NY. (ec) (Entered: 02/09/1999)

02/19/1999 67 MEMORANDUM by KPMG Peat Marwick LL in opposition to pltfs' motion for extension of page limitation (ec) (Entered: 02/19/1999)

02/19/1999 68 NOTICE OF MOTION by All plaintiffs to file a single, consolidated opposition brief in response to the motion to dismiss by Oxford and the individual defts and for extension of page limitation Return date (ec) (Entered: 02/19/1999)

02/19/1999 Memo endorsed on motion; granting [68-1] motion to file a single, consolidated opposition brief in response to the motion to dismiss by Oxford and the individual defts and for extension of page limitation ( signed by Judge Charles L. Brieant ); Copies mailed. (ec) (Entered: 02/19/1999)

02/19/1999 69 MEMORANDUM by Metro Services, Inc., Anthony P. Uzzo, Anthony Siniscalchi, Blaise Fredella, Worldco, LLC, Gateway Capital, Lawrence Group, PTJP Partners, LP, Murray Berman, Marko Jerovsek, Julian Hill, Ellen Loring, Benjamin A. Corteza, Geoffrey M. Gyrisco, Robert J. Rosenkranz, North River Trading, John Turner, Edna Roth, Arthur Plevy, Judith Mosson, Clark Boyd, Jane Boyd, Dane Field, Angeles Glick, Elena Rudish, Charles Heller, Martin Lowrie Ira, Timothy O. Fanning, Joseph C. Barton, Rita Saga, Marcia Cohen, Benjamin Cohen, Melvin S. Katzman, Miri Shapiro, Howard Vogel Retire., Scott Dinhofer, T. B. Doe III, Jeff Weckstein, Bob Greckel, Gary Weber, Daniel Willis, Elvino A. Saura, Joseph Selig, Brett Brandes, Carol Ross, Sheila Sole, Earl D. Henricks, Jeffrey Williams, Direct Marketing Day, Harold Serbin, I. Leonard Hoffman, Thomas Duane Armstrong, Gil Roeder, Richard Levandov, Mardi Braun, Thomas C. Blauvelt, Malamate Barreto, Chris Hobler, Peter W. Hobler, Leigh Hobler Gerard, Ernest P. Bergmann, Nicole Pasternak, Perkins Partners I., N.I.D.D. Ltd., Howard Burch, Wei-Mon Mark, Dean Ross, Mark Savet, William Lerchbacker, Eliot Charnas, Lawrence D. Frost, SBA of Florida, Josh Scheinfeld, Cheryl Fisher, William Steiner, Morris J. Koenig, Robert Wolper, Al Tawil, Howard Winters, Annbeth Winters, Jerry Krim in opposition to [54-1] motion to dismiss the amended complaint purs. to Rules 9(b) and 12(b)(6) (ds) (Entered: 02/23/1999)

02/19/1999 70 MEMORANDUM by Metro Services, Inc., Anthony P. Uzzo, Anthony Siniscalchi, Blaise Fredella, Worldco, LLC, Gateway Capital, Lawrence Group, PTJP Partners, LP, Murray Berman, Marko Jerovsek, Julian Hill, Ellen Loring, Benjamin A. Corteza, Geoffrey M. Gyrisco, Robert J. Rosenkranz, North River Trading, John Turner, Edna Roth, Arthur Plevy, Judith Mosson, Clark Boyd, Jane Boyd, Dane Field, Angeles Glick, Elena Rudish, Charles Heller, Martin Lowrie Ira, Timothy O. Fanning, Joseph C. Barton, Rita Saga, Marcia Cohen, Benjamin Cohen, Melvin S. Katzman, Miri Shapiro, Howard Vogel Retire., Scott Dinhofer, T. B. Doe III, Jeff Weckstein, Bob Greckel, Gary Weber, Daniel Willis, Elvino A. Saura, Joseph Selig, Brett Brandes, Carol Ross, Sheila Sole, Earl D. Henricks, Jeffrey Williams, Direct Marketing Day, Harold Serbin, I. Leonard Hoffman, Thomas Duane Armstrong, Gil Roeder, Richard Levandov, Mardi Braun, Thomas C. Blauvelt, Malamate Barreto, Chris Hobler, Peter W. Hobler, Leigh Hobler Gerard, Ernest P. Bergmann, Nicole Pasternak, Perkins Partners I., N.I.D.D. Ltd., Howard Burch, Wei-Mon Mark, Dean Ross, Mark Savet, William Lerchbacker, Eliot Charnas, Lawrence D. Frost, SBA of Florida, Josh Scheinfeld, Cheryl Fisher, William Steiner, Morris J. Koenig, Robert Wolper, Al Tawil, Howard Winters, Annbeth Winters, Jerry Krim in opposition to [56-1] motion to dismiss the consolidated and amended complaint purs. to Rules 12(b)(6) and 9(b) (ds) (Entered: 02/23/1999)

03/05/1999 71 STIPULATION and Pretrial ORDER No. 7 .... it is hereby ordered as follows:1.

Defts need not respond to the complaint in the State Board action (the "State Board Complaint") until the Court rules on the pending motion to dismiss the consolidated amended class action complaint in In re Oxford Health Plan, Inc. Securities Ligiation, MDL-1222 (the "Motion to Dismiss"). 2. Plaintiff shall have until thirty (30) days after the Court rules on the Motion to Dismiss to file an amended complaint in the State Board Action (the "Amended State Board Complaint"). 3. Defts shall have sixty (60) days after pltf serves the Amended State Board Complaint to answer or otherwise respond to the Amended State Board Complaint. If pltf elects not to serve an Amended State Board Complaint, defts shall have until sixty (60) days after the Court rules on the Motion to Dismiss to answer or otherwise respond to the State Board Complaint. 4. All discovery and other proceedings in the State Board Action shall be stayed until defts respond to the Amended State Board Complaint (or the State Board Complaint, as the case may be), and during the pendency of any motion to dismiss the State Board Action, unless the Court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party. 5. If the Amended State Board complaint (or the State Board Complaint, as the case may be) is not dismissed or if the Court finds upon motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party, any discovery in the State Board Action shall be coordinated with the discovery, if any, in the consolidated securities class action in In re Oxford Health Plans, Inc. Securities Litiation, MDL-1222. (signed by Judge Charles L. Brieant ). (ec) (Entered: 03/08/1999)

04/01/1999 72 Letter filed dated March 30, 1999 to Judge Brieant from atty Robert J. Giuffra, Jr. re we write to request that these defts be permitted to file a singel reply memorandum of law of thirty-five pages in support of their joint motion to dismiss the 139-page Consolidated and Amended Complaint in this action. (ec) (Entered: 04/01/1999)

04/01/1999 73 Letter filed dated March 31, 1999 to Judge Brieant from atty richard Klein re we write to request that KPMG be permitted to file a reply memorandum of law of twenty-five pages in support of its motion to dismiss the 139-page Consolidated and amended class action complaint in this action. (ec) (Entered: 04/01/1999)

04/02/1999 74 REPLY MEMORANDUM in support by KPMG Peat Marwick LL re: [54-1] motion to dismiss the amended complaint purs. to Rules 9(b) and 12(b)(6) (ds) (Entered: 04/05/1999)

04/03/1999 75 Fld:REPLY MEMORANDUM Of Law in support of motion to dismiss of defendant Oxford Health Plans, Inc. and the individual defendants. (ec) (Entered: 04/06/1999)

04/14/1999 76 Fld: ONE SEALED DOCUMENT placed in vault - log#4454 ... In re Oxford Health Plan Inc. Securities Litigation. Signed by:Judge Charles L. Brieant. (ec) Modified on 04/19/1999 (Entered: 04/14/1999)

04/16/1999 77 Letter filed dated April 15, 1999 to All defendants and plaintiffs counsel from Janine L. Pollack. re oral argument on defts' motions to dismiss has been rescheduled for Wednesday, April 28, 1999 at 9:30am. (ec) (Entered: 04/19/1999)

04/16/1999 Memorandum to Docket Clerk:On April 16, 1999, sealed document #76 -

unsealed and withdrawn. So Ordered:Brieant, J. (ec) Modified on 05/11/1999 (Entered: 04/19/1999)

04/26/1999 78 NOTICE of Change of address...please be advised that beginning March 29, 1999, the law firm of Burt & Pucillo, LLP. will be relocated to Burt & Pucillo,LLP, Northbridge Centre, Suite 1701, 515 North Flagler Drive, West Palm Beach, Fl. 33401 (ec) (Entered: 04/26/1999)

04/29/1999 Memorandum to Docket Clerk:Hearing begun and concluded on April 28, 1999 of defts' motions to dismiss docketed December 18,1998. (court rpt:Sue Ghorayeb). Judge's Decision - decision reserved. (ec) (Entered: 04/29/1999)

05/25/1999 79 Memorandum & ORDER...Plaintiffs plead scienter adequately by pleading strong circumstantial evidence of conscious misbehavior or recklessness. The Court has considered all other contentions of KPMG and finds them without merit. For the foregoing reasons, KPMG's motion to dismiss is denied. So Ordered: ( signed by Judge Charles L. Brieant ); Copies mailed (ec) (Entered: 05/26/1999)

05/28/1999 80 Transcript of record of proceedings filed for dates of April 28, 199 Vol I (ec) (Entered: 05/28/1999)

05/28/1999 81 Transcript of record of proceedings filed for dates of April 28, 1999 Vol II (ec) (Entered: 05/28/1999)

06/08/1999 82 Memorandum & ORDER ...Plaintiffs plead scienter for purposes of Sect. 10(b) by pleading strong circumstantial evidence of conscious misbehavior or recklessness. The Court has reviewed all of defts' arguments against Sect. 10(b) liabiity and finds them to be without merit. Plaintiffs plead sufficiently both their Section 20(a) claim for controlling person liabiity and their Section 20A claim for insider trading liability. The court does not address the arguments related to the Options Traders Subclass. For the foregoing reasons, Oxford's and the Individual Defendants' consolidated motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) and 9(b) is denied. So Ordered. ... denying [56-1] motion to dismiss the consolidated and amended complaint purs. to Rules 12(b)(6) and 9(b) ( signed by Judge Charles L. Brieant ); Copies mailed (ec) (Entered: 06/09/1999)

06/14/1999 83 NOTICE OF MOTION by KPMG LLP for reconsideration of the Court's Memorandum & Order dated May 25, 1999, denying KPMG's motion to dismiss pltf's consolidated amended class action complaint [79-1] order , Return date 7/9/99 (ec) (Entered: 06/16/1999)

06/14/1999 84 MEMORANDUM by KPMG LLP in support of [83-1] motion for reconsideration of the Court's Memorandum & Order dated May 25, 1999, denying KPMG's motion to dismiss pltf's consolidated amended class action complaint [79-1] order (ec) (Entered: 06/16/1999)

06/21/1999 85 STIPULATION and ORDER Extending time (PTO #7) .... it is hereby stip. and agreed that deft KPMG LLP's time to serve its answer to the Consolidated and Amended Class Action Complaint in the action shall be extended through and including June 23, 1999; and it is further stip. and agreed that KPMG shall produce, pursuant to pltfs' First Set of Requests for Production of Documents to deft KPMG LLP, copies of (a) KPMG's audit workpapers relating to KPMG's audits of Oxford Health Plans, Inc., for the years ended December 31, 1995, 1996

and 1997, and (b) KPMG's management letters relating to KPMG's audits of Oxford Health Plans, Inc., for the years ended December 31, 1990 through 1997, on or before Tuesday, July 6, 1999; and it is further stip. and agreed, that KPMG, in stipulating to the production of the aforementioned documents by July 6, 1999, does no waive, and reserves the right to assert, any and all objections with respect to Pltfs' First Set of Requests for production of documents to deft KPMG LLP and any other discovery requests in this action. ( signed by Judge Charles L. Brieant ). (ec) (Entered: 06/22/1999)

06/25/1999 86 Letter filed addressed to Judge Brieant, from atty Patricia M. Hynes, dated June 24, 1999 re: I am writing on behalf of all parties to request a two-week extension of the deadline for filing a proposed discovery schedule for this action. (ec) (Entered: 06/28/1999)

06/25/1999 88 STIPULATION and ORDER(P.T.O.#8) extending defts' time to answer the consolidated and amended class action complaint on or before July 23, 1999. ( signed by Judge Charles L. Brieant ). (ec) (Entered: 07/01/1999)

06/28/1999 87 Plaintiffs' Memorandum of Law in Opposition to KPMG's motion for reconsideration (ec) (Entered: 06/29/1999)

07/08/1999 89 ANSWER to Complaint by KPMG Peat Marwick LL (Attorney Richard L. Klein from the Firm: Willkie Farr & Gallagher) . (ec) (Entered: 07/09/1999)

07/08/1999 90 REPLY MEMORANDUM Of Law by KPMG Peat Marwick LL re:in support of its motion for reconsideration (ec) (Entered: 07/09/1999)

07/08/1999 91 RULE 1.9 CERTIFICATE filed by KPMG Peat Marwick LL (ec) (Entered: 07/09/1999)

07/09/1999 92 ORDER granting [83-1] motion for reconsideration of the Court's Memorandum & Order dated May 25, 1999, denying KPMG's motion to dismiss pltf's consolidated amended class action complaint [79-1] order: For the foregoing reasons(see document for details), dft. KPMG' motion for reconsideration of this Court's May 25, 1999 Order is granted, and on reconsideration the prior disposition is adhered to. So ordered: ( signed by Judge Charles L. Brieant ); Copies mailed. (pf) (Entered: 07/13/1999)

07/09/1999 93 Pre-Trial Order-Case Management Plan: Plaintiffs shall serve their motion for class certification by 7/30/99; Discovery of proposed representative plaintiffs shall be completed by 10/15/99; Dfts shall serve their memoranda and supporting affidavits, if any, in opposition to plaintiffs' motion for class certification on or before 11/5/99; Plaintiffs shall serve their reply memorandum and supporting affidavits, if any, in furtehr support of their motion for class certification on or before 12/10/99; The parties will make every attempt to complete all merits discovery by 9/15/2000; Plaintiffs' experts, if any, shall be designated by 10/13/2000, and the reporsts of such experts shall be provided to dfts on 11/3/2000; Dfts' experts, if any, shall be designated by 11/17/2000, and the reports of such experts shall be provided to plaintiffs on 12/8/2000; Rebuttal experts of plaintiffs, if any, shall be designated by 1/12/2001, and the reports of such experts shall be provided to dfts on 2/2/2001; Rebuttal experts of dfts, if any, shall be designated by 2/23/2001, and the reports of such experts shall be provided to plaintiffs on 3/16/2001; Depositions of experts, if any, shall be completed by

6/29/2001; Summary Judgment motions, if any, are to be served by 8/17/2001; Answering papers to any summary jgmnt motions are to be served by 9/28/2001; Reply papers in support of any summary judgment motions are to be served by 10/26/2001; So Ordered:(USDJ Charles L. Brieant). (pf) (Entered: 07/13/1999)

07/12/1999 Received from US Postal Office copy of Order #88 mailed to Barry Berke and Robert Giuffra - return to sender attempted not known. (ec) (Entered: 07/12/1999)

07/14/1999 94 NOTICE of Change of Address...please take notice that the law firm of MacMillan & Lucas has moved its offices to 25 Ford Road, Westport, Ct., 06880. (ec) (Entered: 07/14/1999)

07/16/1999 95 (UNSEALED 5/26/06) SEALED DOCUMENT placed in vault log #4526. Notice of Filing of Plaintiffs' Counsel's Time and Expense Report for Period from April 1, 1999 Through June 30, 1999. Modified on 6/1/2006 (fk, ). (Entered: 07/19/1999)

07/19/1999 96 Letter filed addressed to Judge Brieant from Kenneth Conboy, dated 07/14/99, re: Response Mr. DeValerio's letter on behalf of the Oxford derivative plaintiffs formally declining the Court's suggestion that the parties agree to a stay of all proceedings in the derivative action pending resoloution of the Oxford securities class action. (fk) (Entered: 07/19/1999)

07/27/1999 97 Oxford Health Plans, Inc's Answer to the consolidated and Amended class action Complaint. (ec) (Entered: 07/27/1999)

07/27/1999 98 Fld:Answer of Stephen F. Wiggins to the consolidated and amended class action complaint (ec) (Entered: 07/27/1999)

07/27/1999 99 William M. Sullivan's Answer to the consolidated and Amended Class Action Complaint (ec) (Entered: 07/27/1999)

07/27/1999 100 Fld:Andrew B. Cassidy's Answer to the Consolidated and Amended Class action Complaint (ec) (Entered: 07/27/1999)

07/27/1999 101 Brendan R. Shanahan's Answer to the consolidated and Amended Class Action Complaint (ec) (Entered: 07/27/1999)

07/27/1999 102 Dr. Benjamin H. Safirstein's Answer to the Consolidated and Amended Class Action Complaint (ec) (Entered: 07/27/1999)

07/27/1999 103 Robert M. Smoler's Answer to the Consolidated and Amended Class Action Complaint (ec) (Entered: 07/27/1999)

07/27/1999 104 Dr. Thomas A. Travers' Answer to the Consolidated and Amended Class Action Complaint (ec) (Entered: 07/27/1999)

07/27/1999 105 Jeffrey H. Boyd's Answer to the Consolidated and Amended Class Action Complaint (ec) (Entered: 07/27/1999)

07/27/1999 106 David A. Finkel's Answer to the Consolidated and Amended Class Action Complaint (ec) (Entered: 07/27/1999)

07/29/1999 107 STIPULATION and ORDER AMENDING CASE MANAGEMENT PLAN PRETRIAL ORDER NO. 10: Now, therefore, it is hereby Stipulated that the case

mgmnt. plan is amended as follows: Class Certification: 1. Plaintiffs shall serve their motion for class certification on or before 8/25/99; 2. Discovery of proposed representative plaintiffs shall be completed by 11/10/99; 3. Defendants shall serve their memoranda and supporting affidavits, if any, in opposition to plaintiffs' motion for class certification on or before 12/1/99; 4. Plaintiffs shall serve their reply memorandum and supporting affidavits, if any, in further support of their motion for class certification on or before 1/5/00; 5. All other dates in the Case Mgmnt Plan remain the same. So Ordered: ( signed by Judge Charles L. Brieant ). (pf) (Entered: 07/30/1999)

08/24/1999 108 STIPULATION and ORDER for an extension of time for the parties to comply with the provisions of Pre-Trial Order #7 shall be extended as follows: 1. The pltf, on or before August 31, 1999 will fully identify the "John Doe" and "Richard Roe" defts set forth in this Complaint or, alternatively, will not include any unidentified "John doe" and "Richard Roe" defts in the Amended Complaint to be served in this case. 2. The pltf's time to serve and file its Amended Complaint in this action be, and it hereby is, extended to Sept. 23, 1999. 3. The defts' time to answer or move with respect to the said Amended Complaint be, and it hereby is, extended to November 25, 1999. ( signed by Judge Barrington D. Parker Jr. ). (ec) (Entered: 08/24/1999)

08/27/1999 109 NOTICE OF MOTION by Metro Services, Inc., Anthony P. Uzzo, Anthony Siniscalchi, Blaise Fredella, Worldco, LLC, Gateway Capital, Lawrence Group, PTJP Partners, LP, Murray Berman, Marko Jerovsek, Julian Hill, Ellen Loring, Benjamin A. Corteza, Geoffrey M. Gyrisco, Robert J. Rosenkranz, North River Trading, John Turner, Edna Roth, Arthur Plevy, Judith Mosson, Clark Boyd, Jane Boyd, Dane Field, Angeles Glick, Elena Rudish, Charles Heller, Martin Lowrie Ira, Timothy O. Fanning, Joseph C. Barton, Rita Saga, Marcia Cohen, Benjamin Cohen, Melvin S. Katzman, Miri Shapiro, Howard Vogel Retire., Scott Dinhofer, T. B. Doe III, Jeff Weckstein, Bob Greckel, Gary Weber, Daniel Willis, Elvino A. Saura, Joseph Selig, Brett Brandes, Carol Ross, Sheila Sole, Earl D. Henricks, Jeffrey Williams, Direct Marketing Day, Harold Serbin, I. Leonard Hoffman, Thomas Duane Armstrong, Gil Roeder, Richard Levandov, Mardi Braun, Thomas C. Blauvelt, Malamate Barreto, Chris Hobler, Peter W. Hobler, Leigh Hobler Gerard, Ernest P. Bergmann, Nicole Pasternak, Perkins Partners I., N.I.D.D. Ltd., Howard Burch, Wei-Mon Mark, Dean Ross, Mark Savet, William Lerchbacker, Eliot Charnas, Lawrence D. Frost, SBA of Florida, Josh Scheinfeld, Cheryl Fisher, William Steiner, Morris J. Koenig, Robert Wolper, Al Tawil, Howard Winters, Annbeth Winters, Jerry Krim (i) a class consisting of all persons or entities who purchased Oxford Health Plans, Inc., common stock, or purchased Oxford call options or sold Oxford put options, during the period from November 6, 1996 through and including December 9, 1997 and (ii) a sub-class consisting of all persons or entities who purchased Oxford common stock contemporaneously with sales of such stock by Individual defts Stephen F. Wiggins, William M. Sullivan, Andrew B. Cassidy, Brendan R. Shanahan, Benjamin H. Safirstein, Robert M. Smoler, Robert B. Milligan, David A. Finkel, Jeffrey H. Boyd and Thomas A. Travers during the Class period. , Return date (ec) (Entered: 08/27/1999)

08/27/1999 110 MEMORANDUM by Metro Services, Inc., Anthony P. Uzzo, Anthony Siniscalchi, Blaise Fredella, Worldco, LLC, Gateway Capital, Lawrence Group, PTJP Partners, LP, Murray Berman, Marko Jerovsek, Julian Hill, Ellen Loring,

Benjamin A. Corteza, Geoffrey M. Gyrisco, Robert J. Rosenkranz, North River Trading, John Turner, Edna Roth, Arthur Plevy, Judith Mosson, Clark Boyd, Jane Boyd, Dane Field, Angeles Glick, Elena Rudish, Charles Heller, Martin Lowrie Ira, Timothy O. Fanning, Joseph C. Barton, Rita Saga, Marcia Cohen, Benjamin Cohen, Melvin S. Katzman, Miri Shapiro, Howard Vogel Retire., Scott Dinhofer, T. B. Doe III, Jeff Weckstein, Bob Greckel, Gary Weber, Daniel Willis, Elvino A. Saura, Joseph Selig, Brett Brandes, Carol Ross, Sheila Sole, Earl D. Henricks, Jeffrey Williams, Direct Marketing Day, Harold Serbin, I. Leonard Hoffman, Thomas Duane Armstrong, Gil Roeder, Richard Levandov, Mardi Braun, Thomas C. Blauvelt, Malamate Barreto, Chris Hobler, Peter W. Hobler, Leigh Hobler Gerard, Ernest P. Bergmann, Nicole Pasternak, Perkins Partners I., N.I.D.D. Ltd., Howard Burch, Wei-Mon Mark, Dean Ross, Mark Savet, William Lerchbacker, Eliot Charnas, Lawrence D. Frost, SBA of Florida, Josh Scheinfeld , Cheryl Fisher , William Steiner , Morris J. Koenig , Robert Wolper , Al Tawil , Howard Winters , Annbeth Winters , Jerry Krim in support of [109-1] motion (i) a class consisting of all persons or entities who purchased Oxford Health Plans, Inc., common stock, or purchased Oxford call options or sold Oxford put options, during the period from November 6, 1996 through and including December 9, 1997 and (ii) a sub-class consisting of all persons or entities who purchased Oxford common stock contemporaneously with sales of such stock by Individual defts Stephen F. Wiggins, William M. Sullivan, Andrew B. Cassidy, Brendan R. Shanahan, Benjamin H. Safirstein, Robert M. Smoler, Robert B. Milligan, David A. Finkel, Jeffrey H. Boyd and Thomas A. Travers during the Class period. (ec) (Entered: 08/27/1999)

09/17/1999 Memorandum to Docket Clerk:Pre-Trial conference held and concluded on September 16, 1999. Plaintiffs' motion for class certification to be argued before the Court on March 2, 2000 at 9am. See transcript. Court reporter Sue Ghorayeb. (ec) (Entered: 09/21/1999)

09/22/1999 111 AMENDED COMPLAINT by plaintiff (ec) (Entered: 09/22/1999)

10/05/1999 112 Confidentiality STIPULATION and ORDER (see document for details) ( signed by Judge Charles L. Brieant ) (ec) (Entered: 10/06/1999)

10/19/1999 114 NOTICE of Changes of Address/Firm Name .... please be advised that the law firm of Greenfield & Rifkin LLP, has been replaced as counsel by:Richard D. Greenfield of law firm Greenfield & Goodman LLC and Ann M. Caldwell of law firm Caldwell & Associates LLC. (ec) (Entered: 11/01/1999)

10/22/1999 113 SEALED DOCUMENT placed in vault. log #4626. re; notice of filing plntfs' counsel's time and expense rpt for period form 7/1/99 through 9/30/99 (ds) (Entered: 10/22/1999)

11/18/1999 115 NOTICE OF WITHDRAWAL OF APPLICATION TO SERVE AS CLASS REPRESENTATIVE .... lead plntfs are withdrawing the application for four of the five funds comprising the PBHG Funds to serve as a class representative in this action. The PBHG Growth II Portfolio will remain as a proposed class representative..... So ordered; ( signed by Judge Charles L. Brieant ); Copies mailed. (ds) (Entered: 11/19/1999)

11/30/1999 116 Letter filed addressed to Judge Brieant from atty Martin D. Chitwood, dated

11/19/99, re: We write, pursuant to Rule 37.2, to request an informal conference with the Court in connection with a discovery dispute between the parties. (ec) (Entered: 12/01/1999)

11/30/1999 117 Letter filed addressed to Judge Brieant from atty Gandolfo V. DiBlasi, dated 11/22/99, re: We write to respond to the Nov. 19, 1999 request of lead pltf PBHG Funds, Inc for an informal discovery conference with the Court. (ec) (Entered: 12/01/1999)

11/30/1999 118 Letter filed addressed to Judge Brieant from atty Robert J. Giuffra, Jr., dated 11/23/99, re: We write to inform the court that, without prejudice to the parties' position regarding the McCall deposition and other matters, which will be addressed at the upcoming conference on 11/29/99, the parties have agreed to a one-week extension of the briefing schedule on pltfs' class certification motion. (ec) (Entered: 12/01/1999)

11/30/1999 119 Letter filed addressed to Judge Brieant from attys Martin D. Chitwood, Alan R. Perry, Jr., and Christi C. Mobley, dated 11/29/99, re: On behalf of the five PBHG Funds that are lead pltfs, we are responding to the Oxford defts' letter brief to Your Honor of 11/22/99.. (ec) (Entered: 12/01/1999)

11/30/1999 Memorandum to Docket Clerk:Discovery dispute and pre-trial conference held on 11/29/99. Court rpt:Adrienne Mignano. Judge's Decision - Court issues directions concerning pretrial discovery. See transcript. (ec) (Entered: 12/01/1999)

12/09/1999 120 NOTICE of WITHDRAWAL by plntfs, they are withdrawing Gary Weber as a propsed class representative and as a lead plntf (ds) (Entered: 12/10/1999)

12/10/1999 121 Memo-Endorsement on letter addressed to Judge Brieant from atty Robert J. Giuffra, Jr., dated December 10, 1999. Re:we respectfully request permission to file deft's memo of law in opposition to pltfs' motion for class certification of no longer than 42 pages in response to pltfs' motion to certify the class. Endorsed:Application granted. So Ordered: (signed by Judge Charles L. Brieant); Copies mailed. (ec) (Entered: 12/13/1999)

12/10/1999 122 NOTICE of Joinder of Deft KPMG LLP in Oxford defts' opposition to pltfs' motion for class certification. (ec) (Entered: 12/13/1999)

01/12/2000 123 Fld:ONE SEALED DOCUMENT placed in vault. Log#4695. Document#1)Pltf's reply memorandum of law in further support of their motion for class certification. (ec) (Entered: 01/13/2000)

01/12/2000 Fld:Supplemental Appendix of unreported cases cited in pltfs' reply memorandum of law in further support of their motion for class certification (ec) (Entered: 01/13/2000)

01/18/2000 Memorandum to Docket Clerk:Hearing begun and concluded-All parties present. Court rpt:Christina Arends Dieck. Motions argument for class certification and status conference. Judge' decision:Reserved (see transcript). (ec) (Entered: 01/18/2000)

01/18/2000 124 Letter filed by North River Trading addressed to Judge Brieant from Arthur N. Abbey, dated 01/17/00, re: lead plaintiff. (fk) (Entered: 01/19/2000)

02/03/2000 125 NOTICE OF MOTION by Oxford Health Plans for appointed one of the lead plaintiffs; for approval of the appointment of lead counsel and for certification as a class representative No Return date (ec) (Entered: 02/04/2000)

02/18/2000 127 MEMORANDUM OF LAW by Plaintiffs' in opposition to North River Trading Co.'s Motion to be appointed one of the lead plaintiffs;for approval of the appointment of lead counsel and for certification as a class representative (pf) (Entered: 02/22/2000)

02/18/2000 129 RESPONSE by Oxford Health Plans Re: to North River Trading Co., LLC's motion for appt as lead plntf & certification as class representative (ds) (Entered: 02/23/2000)

02/22/2000 128 RESPONSE by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan, Robert B. Milligan Jr., Benjamin M. Safirstein, Thomas A. Travers Re: North River Trading Co., LLC's Motion For Appointment as Lead Plaintiff and certification as Class Representative (pf) (Entered: 02/22/2000)

02/25/2000 Memorandum to Docket Clerk:Hearing begun and concluded on February 24, 2000 of motion by North River Trading Co., LLC to be appointed one of the lead plaintiffs, for approval of the appointment of lead counsel and for certification as a class representative. (court rpt.Christina Arends-Dieck). Judge's Decision - decision reserved. (ec) (Entered: 02/25/2000)

02/25/2000 130 AFFIDAVIT of Lee Squitieri in support Re: [125-1] motion for appointed one of the lead plaintiffs; for approval of the appointment of lead counsel and for certification as a class representative . (pf) (Entered: 02/28/2000)

02/28/2000 131 REPLY MEMORANDUM OF LAW by North River Trading re:in further support of motion by North River Trading Co., LLC (ec) (Entered: 02/28/2000)

02/28/2000 132 ORDER...The Court grants the motion to declare a class action as set forth herein. An order to that effect may be settled on notice or waiver of notice after messrs. Hurley and Sabbia have had the opportunity to consider and advise in writing whether they wish to serve as Class Representatives under Rule 23, and after the Defendants have had an opportunity to discharge their obligation of due diligence as to the adequacy of either or both of such Class Representatives. Upon being advised that there are no objections or problems with theset designees, the Court will sign a class order. The order shall also specify, consistently with the practice in this District, provisions as to class notification, and an opportunity for membes of the class to opt out of this litigation if they wish to do so. Any objections to the appointment of Mr. Hurley or Mr. Sabbia shall be served and filed prior to April 27, 2000, unless extended by the court. So Ordered: terminating [125-1] motion for appointed one of the lead plaintiffs; for approval of the appointment of lead counsel and for certification as a class representative, terminating [109-1] motion (i) a class consisting of all persons or entities who purchased Oxford Health Plans, Inc., common stock, or purchased Oxford call options or sold Oxford put options, during the period from November 6, 1996 through and including December 9, 1997 and (ii) a sub-class consisting of all persons or entities who purchased Oxford common stock contemporaneously with sales of such stock by Individual defts Stephen F. Wiggins, William M. Sullivan, Andrew B. Cassidy, Brendan R.

Shanahan, Benjamin H. Safirstein, Robert M. Smoler, Robert B. Milligan, David A. Finkel, Jeffrey H. Boyd and Thomas A. Travers during the Class period. . ( signed by Judge Charles L. Brieant ); Copies mailed. (ec) (Entered: 02/29/2000)

02/29/2000 133 (UNSEALED 5/26/06) ONE SEALED DOCUMENT placed in vault Log #4732. Surreply of Oxford defts in connection with plaintiffs' motion for class certification, dated 1/14/2000. Modified on 6/1/2006 (fk, ). (Entered: 02/29/2000)

02/29/2000 134 (UNSEALED 5/26/06) ONE SEALED DOCUMENT placed in vault Log #4733. Defts memorandum of law in opposition to pltfs' motion for class certification. Declaration of Robert J. Giuffra, Jr. and Supplemental Appendix of unreported cases cited in defts' memorandum of law. Modified on 6/1/2006 (fk, ). (Entered: 02/29/2000)

03/02/2000 135 Transcript of record of proceedings before Judge Charles L. Brieant for the date(s) of 01/19/00. (fk) (Entered: 03/02/2000)

03/03/2000 136 Objection(s) by OPEI Union Local 153 to Subpoena (ec) (Entered: 03/03/2000)

03/09/2000 137 NOTICE of Willingness to serve as a class representative, by Michael Gabbia and Daniel Hurley (ds) (Entered: 03/09/2000)

03/14/2000 138 (UNSEALED 5/26/06) ONE SEALED DOCUMENT placed in vault Log #4754. Notice of Filing of Plaintiffs' Counsel's Time and Expense Report for Period from October 1, 1999 Through December 31, 1999. Modified on 6/1/2006 (fk, ). Modified on 6/1/2006 (fk, ). (Entered: 03/14/2000)

04/04/2000 139 Transcript of record of proceedings before Judge Charles L. Brieant for the date(s) of 02/24/00. (fk) (Entered: 04/05/2000)

04/26/2000 140 Letter filed addressed to Judge Brieant from atty Gandolfo V. DiBlasi, dated April 26, 2000, re: I write to request that the date upon which defts' opposition papers on the motion for the appointment of additional class representatives be adjourned for one week until May 4,2 000. (ec) (Entered: 04/27/2000)

05/04/2000 141 (UNSEALED 5/26/06) ONE SEALED DOCUMENT placed in vault log #4835. Notice of Filing of Plaintiffs' Counsel's Time and Expense Report for Period from January 1, 2000 Through March 31, 2000. Modified on 6/1/2006 (fk, ). (Entered: 05/04/2000)

05/04/2000 142 Memo-Endorsement on letter addressed to Judge Brieant from atty Gandolfo V. DiBlasi, dated May 3, 2000. Re:the parties have agreed to defer the filing date by which Oxford Health Plans, Inc and the Individual defts may submit a memo of law opposing the appointment of Daniel Hurley and Michael Sabbia as class representatives until June 2, 2000. Endorsed:Application to enlarge time (Signed by Judge Charles L. Brieant ); Copies mailed. (ec) (Entered: 05/05/2000)

06/02/2000 143 Memo-Endorsement on letter addressed to Judge Brieant from Gandolfo DiBlasi, dated 6/1/00. Re: hte parties have agreed to defer by 30 days the filing date by which Oxford and the individual dfts may submit a memo of law. ENDORSEMENT: So ordered: ( signed by Judge Charles L. Brieant ); Copies mailed. (ds) (Entered: 06/05/2000)

06/26/2000 144 NOTICE of Change of firm name and address...the law offices of Steven E.

Cauley, P.A. has changed its name to Cauley & Geller, LLP. The new firm address is:11311 Arcade Drive, Suite 201, Little Rock, Arkansas 72212. (ec) (Entered: 06/26/2000)

06/29/2000 145 Memo-Endorsement on letter addressed to Judge Brieant from atty Gandolfo V. DiBlasi, dated June 28, 2000. Re:parties agreed to defer until 7/28/00 the filing date by which Oxford health Plans, Inc may submit a memo of law opposing the appointment of Daniel Hurley and Michael Sabbia as class representatives. Endorsed:So Ordered: ( signed by Magistrate Judge George A. Yanthis ); Copies mailed. (ec) (Entered: 07/05/2000)

07/10/2000 146 Letter filed addressed to Mr. John E. Harward from Alice F. Cama, dated 7/10/00, re: response to lettter dtd 6/15. (ec) Modified on 07/10/2000 (Entered: 07/10/2000)

07/28/2000 148 Memo-Endorsement on letter addressed to Judge Brieant from atty Gandolfo V. DiBlasi, dated 7/27/00. Re:the parties agreed that Oxford's papers in opposition to the motion for appointment of Daniel Hurley and Michael Sabbia will be filed on Friday, July 28, 2000, and that pltfs' reply papers in further support of the motion will be filed on Friday, Sept. 8, 2000. The parties have agreed that Oxford's memorandum of law in opposition to Messrs. Hurley's and Sabbia's appointment as class representatives may be up to thirty-five (35) pages in length. Endorsed:So Ordered: (Signed by Judge Charles L. Brieant ); Copies mailed. (ec) (Entered: 08/01/2000)

08/01/2000 147 DOCUMENT PHYSICALLY WITHDRAWN AND RETURNED TO THE ATTORNEY'S OF RECORD THAT FILED THIS DOCUMENT. SEE MEMORANDUM TO THE DOCKET CLERK DATED 9-13-00 SEALED DOCUMENT placed in vault. Log # 4904. Memo of Law opposing appointment, affidavit, and declaration NO LONGER PROPERTY OF THE COURT. RETURNED TO ATTORNEY ON 9-13-00 (pf) Modified on 09/14/2000 (Entered: 08/01/2000)

08/17/2000 153 Memo-Endorsement on letter addressed to Judge Brieant from Karen F. Donovan, dated 8/7/00. Re: Request to unseal memo of law opposing the appointment of Daniel Hurley and Michael Sabbia as class representitives, along with affidsvit and declaration. Endorsment: Counsel in this action shall advise the Court in writing on or prior to 9/5/00 whether they consent that documents filed with the Court on 8/1/00 purportedly under seal, may be placed in the open Court files, and any party who does not consent shall explain to the Court why the documents should be sealed, or alternativly, propose a redaction of any material therein actually regarded as confidential. So Ordered. ( signed by Judge Charles L. Brieant ); Copies mailed. (fk) (Entered: 09/12/2000)

09/08/2000 149 Memo-Endorsement on letter addressed to USDJ Brieant from Gandolfo V. DiBlasi, dated September 7, 2000. Re: request that they have until 9/11/00 to file responses to Ms. Donovan's letter...ENDORSEMENT: Application Granted. So Ordered: ( signed by Judge Charles L. Brieant ); Copies mailed. (pf) (Entered: 09/12/2000)

09/08/2000 154 STIPULATION and ORDER EXTENDING TIME FOR PLAINTIFFS TO FILE THEIR REPLY BRIEF IN FURTHER SUPPORT OF MICHAEL SABBIA AND DANIEL HURLEY BEING APPOINTED AS CLASS REPRESENTITIVES...It

is stipulated and agreed by and among the undersigned as follows: The time for pla's to file their reply Brief in further support is extended from 9/8/00 to 9/22/00. So Ordered. ( signed by Judge Charles L. Brieant ) (fk) (Entered: 09/12/2000)

09/11/2000 150 Letter filed addressed to USDJ Brieant from Patricia M. Hynes, dated September 11, 2000, re: plntffs proposes that redacted versions of dfts' July 28 and August 25 submissions and plntffs' reply papers , which plntffs are prepared to provide, be placed in the public record once briefing is complete... (pf) (Entered: 09/12/2000)

09/11/2000 151 Letter filed addressed to USDJ Brieant from Gandolfo V. DiBlasi, dated September 11, 2000, re: in connection with the Court's Order of August 17, 2000... (pf) (Entered: 09/12/2000)

09/12/2000 152 (UNSEALED 5/26/06) SEALED DOCUMENT placed in vault Log # 4939. Notice of Filing of Plaintiffs' Counsel's Time and Expense Report for Period from April 1, 2000 Through June 31, 2000. Modified on 6/1/2006 (fk, ). (Entered: 09/12/2000)

09/12/2000 155 Letter filed addressed to USDJ Brieant from Arthur N. Abbey, dated September 11, 2000, re: we have no objection to the documents filed with the COurt on 8/1/00 to be placed in open court files... (pf) (Entered: 09/12/2000)

09/13/2000 Memorandum to Docket Clerk: Judge's decision: Sept. 13, 2000 - The Court orders that sealed document filed August 1, 2000 as document #147, not having been read or considered by the Court is physically withdrawn and returned to the attorneys filing same. So Ordered: Brieant, J. submitted by: toni Bravato, Deputy Clerk. (ll) (Entered: 09/14/2000)

09/15/2000 156 Letter filed by North River Trading addressed to Judge Brieant from Arthur N. Abbey, dated Sept. 11, 2000, re: no objection to documents filed with the Court August 1, 2000. (ll) (Entered: 09/15/2000)

09/25/2000 157 AFFIDAVIT of Charles W. Smithson Re: In opposition to the appointment of Daniel Hurley and Michael Sabbia as class representatives. (ll) (Entered: 09/25/2000)

09/25/2000 158 MEMORANDUM OF LAW in opposition to [157-1] affidavit Oxford's Memorandum of Law opposing the appointment of Daniel Hurley and Michael Sabbia as Class Representatives. (ll) (Entered: 09/25/2000)

09/25/2000 159 AFFIDAVIT of Gary M. Arrick by Oxford Health Plans in support to [158-1] supporting memorandum, [157-1] affidavit . (ll) (Entered: 09/25/2000)

09/25/2000 160 AFFIDAVIT of Robert J. Giuffra, Jr. by Oxford Health Plans opposint the appointment of Daniel Hurley and Michael Sabbia as Class Representatives (ll) (Entered: 09/25/2000)

09/25/2000 161 MEMORANDUM OF LAW by North River Trading in support of Motion for Class Certification. (fk) (Entered: 09/25/2000)

09/25/2000 162 PLAINTIFF'S REPLY MEMORANDUM OF LAW IN SUPPORT OF THE APPOINTMENT OF DANIEL J. HURLEY AND MICHAEL SABBIA AS CLASS REPRESENTATIVES by Howard Vogel Retire. (fk) (Entered: 02/20/2001)

09/25/2000 163 DECLARATION of Deborah Clark-Weintraub by Howard Vogel Retire. RE: Appointment of Class Representatives. (fk) (Entered: 02/20/2001)

10/17/2000 164 RESPONSE by Oxford Health Plans Re Daniel J. Hurley's and Michael Sabbia' Reply Memorandum (pf) (Entered: 10/17/2000)

10/17/2000 165 SUPPLEMENTAL DECLARATION of Robert J. Giuffra, Jr. by Oxford Health Plans, William M. Sullivan, Jeffrey H. Boyd, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan, Benjamin M. Safirstein, Thomas A. Travers Re:to place before that Court documents cited in Oxford's Response to Daniel J. Hurley's and Michael Sabbia's Reply Memorandum, dated 10/13/00 . (pf) (Entered: 10/17/2000)

10/23/2000 166 Letter filed addressed to Judge Brieant from Patricia Hynes, dated 10/17/00, re: Permission to submit a sur-reply brief in support of pla's motion to appoint Daniel Hurley and Michael Sabbia as class representitives. (fk) (Entered: 10/23/2000)

10/27/2000 168 SUR-REPLY MEMORANDUM OF LAW in further support of the appointment of Daniel Hurley and Michael Sabbia as Class Representitives. (fk) (Entered: 11/29/2000)

10/27/2000 169 DECLARATION of Deborah Clark-Weintraub Re: Support of Class Representitives. (fk) (Entered: 11/29/2000)

11/21/2000 167 (UNSEALED 5/26/06) SEALED DOCUMENT placed in vault log #4992. Notice of Filing of Plaintiffs' Counsel's Time and Expense Report for Period from July 1, 2000 Through September 31, 2000. Modified on 6/1/2006 (fk, ). (Entered: 11/21/2000)

01/29/2001 Memorandum to Docket Clerk: 01/29/01...On January 29, 2001 a case management conference was held and continued to March 8, 2001 at 9:00 AM. (Court Reporter : Angela O'Donnell). Submitted by Toni Brovato. (dc) (Entered: 01/30/2001)

01/29/2001 170 PRETRIAL ORDER No. 11-Revised Case Management Plan filed: The parties will make every attempt to complete all merits discovery by 11/2/01; Plntffs' experts, if any, shall be designated, and the reports of such experts shall be provided to dfts by 12/14/01; Dfts' experts, if any, shall be designated, and the reports of such experts shall be provided to plntffs by 1/18/02; All rebuttal experts shall be designated, and the reports of such experts shall be provided by 2/18/02; Depositions of experts, if any, shall be completed by 4/19/02; Summary Jgmnt motions, if any are to be served by 5/20/02; Answering papers to any summary jgmnt motions are to be served by 6/28/02; Reply papers in support of any summary jgmnt motions are to be served by 7/19/02; The Court will hold a status conference after the close of dicovery to discuss the scheduling of a trial date and the dates for submission of the pre-trial order, motions in limine, and proposed jury instructions. So Ordered: ( signed by Judge Charles L. Brieant ) (pf) (Entered: 02/06/2001)

02/09/2001 171 MEMORANDUM & ORDER...(see doc for details)...Based on the foregoing, the Court hereby appoints Messrs. Hurley and Sabbia as class representitives in this action to serve along with ColPERA, the remaining PBHG fund and Al Tawil. Counsel shall submit the Order directed to be submitted by the Court's February

28, 2000, decision to be settled, as a single document on five (5) days notice or waiver of notice. The Order must contain a provision for notice and an oppertunity for those whose rights may be affected to opt out of the Pla class. So Ordered. ( signed by Judge Charles L. Brieant ); Copies mailed. (fk) (Entered: 02/13/2001)

02/13/2001 172 (UNSEALED 5/26/06) SEALED DOCUMENT placed in vault Log # 5062. Notice of Filing of Plaintiffs' Counsel's Time and Expense Report for Period from October 1, 2000 Through December 31, 2000.Modified on 6/1/2006 (fk, ). (Entered: 02/13/2001)

03/02/2001 173 DECLARATION of Deborah Clark-Weintraub Re: I submit this declaration to place before the Court documents cited in Plaintiff's Memo of Law In support of Plaintiff's Motion to Compel Defendant KPMG Peat Marwick LLP to Produce Documents, dated March 2, 2001. See Document for Details... (dc) Modified on 03/09/2001 (Entered: 03/07/2001)

03/02/2001 174 NOTICE OF MOTION by Howard Vogel Retire. to compel deft KPMG Peat Marwick LLP to produce documents . (fk) Modified on 03/09/2001 (Entered: 03/07/2001)

03/07/2001 175 Letter filed addressed to USDJ Brieant from Gandolfo V. DiBlasi, dated 3/2/01, re: to request that the pretrial conference presently scheduled for 3/8/01 be adjourned for approximately 30 days... (pf) (Entered: 03/08/2001)

03/09/2001 176 Memo-Endorsement on letter addressed to USDJ Brieant from Nicole A. Anderson, dated 3/8/01. Re: briefing schedule agreed upon...ENDORSEMENT:A hearing of the Motion and a status conference shall be held on April 26, 2001 at 9:15 a.m. So Ordered: ( signed by Judge Charles L. Brieant ); Copies mailed. (pf) (Entered: 03/13/2001)

03/21/2001 177 ORDER: ...It is Ordered that the following class is certified for purposes of this litigation: All persons or entities who purchased Oxford Health Plans, Inc. common stock, or purchased Oxford call options or sold Oxford put options, during the period from 11/6/96 through and including 12/9/97(and were damaged thereby); The following sub-class is certified for purposes of this litigation: All pewrsons or entities who purchased Oxford common stock contemporaneously with sales of such stock by Individual Dfts Stephen F. Wiggins, Willliam H. Sullivan, Andrew B. Cassidy, Brendan R. Shanahan, Benjamin H. Safirstein, Robert M. Smoler, Robert M. MIlligan, David Finkel, Jeffrey H. Boyd and Thomas A. Travers during the period from 11/6/96 through and including 12/9/97(and were damaged thereby); ColPERA, PBHG Growth II Portfolio, Daniel Hurley, MIchael Sabbia, and Al Tawil are certified as Class Representatives; ColPERA, PBHG Growth II, Daniel Hurley and MIchael Sabbia are certified as 20 A Sub-Class Representatives; North River Trading Co., LLC's motion to be appointed as a Lead Plntff and Class Representative, and for approval of its selection of lead counsel, is denied without prejudice; and Plntffs, within 30 days of the date of this Order, shall file with the Court a proposed Notice of Pendency of Class Action, and a proposed Summary Judgment Notice for publication, that gives notice to members of the Class and 20A Sub-Class of their right to opt-out and that otherwise meets the requirements of due process and Rule 23. So Ordered: ( signed by Judge Charles L. Brieant ); Copies mailed. (pf) (Entered: 03/22/2001)

04/02/2001 178 MEMORANDUM OF LAW by KPMG Peat Marwick LL in opposition to [174-1] motion to compel deft KPMG Peat Marwick LLP to produce documents . (dc) (Entered: 04/03/2001)

04/02/2001 179 AFFIDAVIT IN SUPPORT of Craig W. Crawford by KPMG Peat Marwick LL Re: [178-1] opposition memorandum . (dc) (Entered: 04/03/2001)

04/02/2001 180 AFFIDAVIT of Nicole A. Anderson by KPMG Peat Marwick LL Re: [178-1] opposition memorandum . (dc) (Entered: 04/03/2001)

04/23/2001 181 REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF PLA'S MOTION TO COMPEL DEFT KPMG PEAT MARWICK LLP TO PRODUCE DOCUMENTS... Re: [174-1] motion to compel deft KPMG Peat Marwick LLP to produce documents (fk) (Entered: 04/25/2001)

04/23/2001 182 (UNSEALED 5/26/06) SEALED DOCUMENT placed in vault Log #5116. Declaration of Deborah Clark-Weintraub. Modified on 6/1/2006 (fk, ). (Entered: 04/26/2001)

04/26/2001 Memorandum to Docket Clerk: Hearing begun & Concluded on April 26, 2001 of Plaintiffs' motion to compel defendant KPMG Peat Marwick LLP to produce documents. (Court Reporter: Mary Staten). Judges Decision: Decision Reserved. Submitted by: Toni Bravato (dc) (Entered: 04/27/2001)

04/30/2001 183 MEMORANDUM & ORDER terminating [174-1] motion to compel deft KPMG Peat Marwick LLP to produce documents ...Based on the foregoing(see document for details), the COurt orderrs Dft KPMG to produce those documents necessary to comply with the Plntffs' Document Request Nos. 2 and 14 within twenty(20) days of the date of this Order. So Ordered: ( signed by Judge L. Brieant ); Copies mailed. (pf) (Entered: 05/02/2001)

05/24/2001 184 (UNSEALED 5/26/06) SEALED DOCUMENT placed in vault Log Number 5135. Notice of Filing of Plaintiffs' Counsel's Time and Expense Report for Period from January 1, 2001 Through March 31, 2001. Modified on 6/1/2006 (fk, ). (Entered: 05/25/2001)

07/10/2001 185 Order that case be referred to a Magistrate Judge for Settlement. Referred to Magistrate Judge George A. Yanthis . ( signed by Judge Charles L. Brieant ) (fk) (Entered: 07/10/2001)

08/31/2001 186 (UNSEALED 5/26/06) SEALED DOCUMENT placed in vault Log #5226. Notice of Filing of Plaintiffs' Counsel's Time and Expense Report for Period from April 1, 2001 Through June 30, 2001. Modified on 6/1/2006 (fk, ). (Entered: 08/31/2001)

09/26/2001 187 NOTICE OF MOTION to intervene by Reliance Insurance C , and temporarily staying the within actions for a period of 180 days . Return date 10/18/01. (pf) (Entered: 10/03/2001)

10/01/2001 188 NOTICE of change of address by the firm of Bernard M. Gross, P.C. (kkc) (Entered: 10/05/2001)

10/02/2001 Notice of change of Firm address by the Law offices of Bernard M. Gross, P.C. (dc) (Entered: 10/04/2001)

10/11/2001 Memo endorsed on motion; withdrawing [187-1] motion to intervene by Reliance Insurance C, withdrawing [187-2] motion temporarily staying the within actions for a period of 180 days ...ENDORSEMENT: Motion withdrawn as moot. See letter dated 10/9/01 from Attorney Finnegan filed herein. So ordered: ( signed by Judge Charles L. Brieant ); Copies mailed. (pf) (Entered: 10/15/2001)

10/11/2001 189 Letter filed addressed to USDJ Brieant from Diane Finnegan, dated 10/9/01, re: Suggestion of Mootness... to advise the Court that the 10/3/01 Xommonwealth Court of Pennsylvania Order liquidating Reliance Ins. Co., which we provided to the COurt by letter dated 10/4/01, renders the Motion to intervene and sta, filed on behalf of the Commissioner of Ins. of Penn., as Rehabilitator for Reliance Ins. Co., on 9/25/01, moot. (pf) (Entered: 10/18/2001)

10/26/2001 190 PRETRIAL ORDER NO. 13, REVISED CASE MANAGEMENT PLAN: WHEREAS, the parties have determined that the dates set forth in the Case Management Plan (Pretrial Order No. 9), entered by the Court on July 9, 1999, should be extended, subject to approval by the Court; The parties hereby submit their proposed Revised Case Managment Plan in these consolidated actions; The parties will make every attempt to complete all merits discovery by 01/31/02; Plaintiffs' experts, if any, shall be designated, and the reports of such experts shall be provided to deft's by 03/14/02; Deft's experts, if any, shall be designated and the reports of such experts shall be provided to plaintiffs, by 04/18/02; All rebutal experts shall be designated, and the reports of such experts shall be provided, by 05/20/02; Depositions of experts, if any, shall be completed by 07/19/02; Summary Judgment Motions, if any, are to be served by 08/19/02; Answering papers to any Summary Judgment Motions are to be served by 09/27/02; Reply papers in support of any Summary Judgment Motion are to be served by 10/18/02; The Court will hold a stauts conference after the close of discovery to discuss the scheduling of a trial date the dates for submission of the pretrial order, Motions in limine, and proposed jury instructions. SO ORDERED: ( signed by Judge Charles L. Brieant ) (dc) (Entered: 10/31/2001)

11/29/2001 191 NOTICE of attorney appearance by Eliot D. Prescott, Assistant Attorney General, as counsel for the plaintiff State of Ct., Richard Blumenthal, Attorney General, in lieu of Asst. Attorney General William J. Prensky's (WPJ6670) appearance on file in the above captioned case. Dated at hartford, CT, this 26th day of 11/01. (dc) (Entered: 12/04/2001)

01/16/2002 192 Letter filed by Oxford Health Plans addressed to Judge Brienat from Robert J. Giuffra, Jr., dated 01/15/02, re: Request to adjourn the 02/02 Status conference presently scheduled for 01/22/02. (dc) (Entered: 01/17/2002)

01/16/2002 193 ORDER: IT IS HEREBY ORDERED, this 16th day of January, 2002 that: The Court approves the form, substance and requirements of the Notice of Pendency of Class Action (the "Notice"), annexed hereto as Exhibit A...See document for more details. SO ORDERED: ( signed by Judge Charles L. Brieant ); Copies mailed. (dc) (Entered: 01/29/2002)

01/16/2002 194 NOTICE of Pendency of Class Action Filed. (dc) (Entered: 01/29/2002)

02/27/2002 195 MEMORANDUM & ORDER: The Court concludes that these documents are protected by the attorney-client priviledge and/or work product priviledge and

therefore are subject to Plaintiff's production request. Notwithstanding the foregoing ruling, if deft. KPMG wishes to use the priviledged documents with unredacted portions at some future time either at trial or at a deposition in its own defenses, deft. KPMG shall produce to counsel for Plaintiff within 20 days from the date of this Order the unredacted documents or be precluded from future use in this litigation on issues of good faith or anything else. The documents presented for examination shall be returned to Mr. Richard Klein, counsel for KPMG, who shall call chambers for them during business hours, and must be preserved by counsel for KPMG until fial resolutiion of this Litigation. SO ORDERED: ( signed by Judge Charles L. Brieant ); Copies mailed. (dc) (Entered: 03/04/2002)

03/12/2002 196 Transcript of record of proceedings before Judge Charles L. Brieant for the date(s) of January 29, 2002. (sv) (Entered: 03/12/2002)

03/14/2002 197 NOTICE of attorney appearance for KPMG Peat Marwick LL by Kelly M. Hnatt. (sv) (Entered: 03/15/2002)

03/18/2002 198 Letter filed addressed to Ms. Cama from Kelly M. Hnatt, dated 03/14/02, re: Request to retrieve the documents provided to the Court for in camera review on 02/07/02. (dcr) (Entered: 03/19/2002)

03/22/2002 199 PRETRIAL ORDER NO. 14; REVISED CASE MANAGEMENT PLAN: WHEREAS that parties have determined that the dates set forth in the Case Management Plan (Pretrial Order No. 9), entered by the Court on July 9, 1999, should be extended, subject to approval by the Court; the parties hereby submit their proposed Revised Case Management Plan in theses consolidated actions: Merits discovery will be completed by April 15, 2002; Plaintiffs' experts, if any, shall be designated, and the reports of such shall be provided to deft's, by May 28, 2002; Deft's experts by 07/16/02; Rebuttal experts by 08/14/02; Depositions experts, if any, shall be completed by 10/11/2002; Summary Judgment Motions, if any, are to be served by 11/11/02; Answering papers to any Summary Judgment Motions are to be served by 12/20/02; Reply papers in support of any Summary Judgment Motions are to be served by 01/10/02. SO ORDERED: ( signed by Judge Charles L. Brieant ) (dc) (Entered: 03/25/2002)

03/25/2002 200 (UNSEALED 5/26/06) SEALED DOCUMENT placed in vault Log # 5379. Notice of Filing of Plaintiffs' Counsel's Time and Expense Report for Period from October 1, 2001 Through December 31, 2001. Modified on 6/1/2006 (fk, ). (Entered: 03/25/2002)

04/04/2002 201 Transcript of record of proceedings before Judge Charles L. Brieant for the date(s) of 2/14/02. Court Reporter: Albi gorn (pf) Modified on 04/04/2002 (Entered: 04/04/2002)

05/29/2002 202 PRETRIAL ORDER # 15; merits discovery will be completed by 4/15/02; plaintiff's experts shall be designated, and reports of such experts shall be provided to deft's. by 6/17/02; deft's. experts shall be designated, and reports of such experts shall be provided to plaintiff's by 8/16/02; all rebuttal experts, and reports so such experts shall be provided by 9/6/02; depositions of experts shall be completed by 10/18/02; summary judgment motions if any, are to be served by 11/11/02; answering papers to any summary judgment motions are to be served by 12/20/02; reply papers in support of any summary judgment motions are to be

served by 1/13/03. ( So ordered and signed by Judge Charles L. Brieant ) (jma) (Entered: 06/06/2002)

06/17/2002 203 DECLARATION of Jay W. Eisenhofer by Oxford Health Plans in support Re: In support of order to Show cause, dated June 14, 2002 . (ll) (Entered: 06/17/2002)

06/17/2002 204 DECLARATION of Janine L. Pollack by Oxford Health Plans Re: [203-1] affidavit . (ll) (Entered: 06/17/2002)

06/17/2002 205 DECLARATION of Deborah Clark-Weintraub by Oxford Health Plans Re: [204-1] affidavit, [203-1] affidavit . (ll) (Entered: 06/17/2002)

06/17/2002 206 MEMORANDUM OF LAW by Oxford Health Plans in support of [205-1] affidavit, [204-1] affidavit, [203-1] affidavit . (ll) (Entered: 06/17/2002)

06/17/2002 207 DECLARATION of Patricia M. Hynes by Oxford Health Plans Re: [206-1] support memorandum, [205-1] affidavit, [204-1] affidavit, [203-1] affidavit . (ll) (Entered: 06/17/2002)

06/17/2002 208 DECLARATION of Bruce D. Bernstein by Oxford Health Plans Re: [207-1] affidavit, [206-1] support memorandum, [205-1] affidavit, [204-1] affidavit, [203-1] affidavit . (ll) (Entered: 06/17/2002)

06/24/2002 210 Memo-Endorsement on letter addressed to USDJ Brieant from Patricia Hynes, dated 6/24/02. Re: On Friday, 6/24/02, plntffs informed the Court that they intended to move or to show cause with respect to a discovery dispute between plntffs and the Oxford Dfts and requested a hearing date...Accordingly, pntffs will not file or serve the motion...ENDORSEMENT: Application Granted. Order to Show Cause signed June 17, 2002 herein is vacated...So Ordered: ( signed by Judge Charles L. Brieant ); Copies mailed. *Abover reference Order to Show Cause was never filed or served, thus is not on th e Court's docket)* (pf) (Entered: 06/28/2002)

06/26/2002 209 Letter filed addressed to USDJ Brieant from Patricia Hynes, dated 6/24/02, re: ...Motion for Order to Show Cause...Accordingly, plntffs will not file or serve the motion... (pf) (Entered: 06/27/2002)

06/26/2002 215 NOTICE OF MOTION by Howard Vogel Retire., PERA of Colorado, PBHG Growth II Port., PBHG L. C. G. Port., PBHG Select 20 Port., PBHG L. C. G. Fund, PBHG L. C. 20 Fund to remove plaintiffs' order to show cause and supporting papers from the court's docket and file . No Return Date (sv) (Entered: 07/16/2002)

07/01/2002 211 (UNSEALED 5/26/06) SEALED DOCUMENT placed in vault Log #5474. Notice of Filing of Plaintiffs' Counsel's Time and Expense Report for Period from January 1, 2002 Through March 31, 2002. Modified on 6/1/2006 (fk, ). (Entered: 07/01/2002)

07/02/2002 212 Transcript of record of proceedings before Judge Charles L. Brieant for the date(s) of 02/14/02. (fk) (Entered: 07/02/2002)

07/03/2002 214 Letter filed by Howard Vogel Retire. addressed to Judge Brieant from Patrica M. Hayes, dated 6/24/02, re: a discovery dispute between plaintiff's and the Oxford Deft's.... (jma) (Entered: 07/10/2002)

07/08/2002 213 Case Management Plan in a Standard or Complex Case: Whereas the paraties have determined that the dates set forth in the Case Management Plan (Pretrial Order No. 15), entered by the Court on May 29, 2002, should be extended following additional discovery provided by the Oxford Defendants, subject to approval by the Court; The parties hereby submit their proposed Revised Case Management Plan in these consolidated actions. Merits discovery will be complated by June 14, 2002. Plaintiffs expers, if any, shall be designated, and the report of such experts shall be provided to defendants, by August 5, 2002. Defendants' experts, if any, shall be designated, and the report of such expers shall be provided to plaintiffs, by October 4, 2002. All rebuttal experts shall be designated, and the reports of such expers shall be provided, by October 28, 2002. Depositions of experts, if any, shall be completed by December 9, 2002. Summary judgment motions, if any, are to be served by January 8, 2003. Answering papers to any summary judgment motoins are to be served by February 14, 2003. Reply papers in support of any summary judgment motions are to be served by march 7, 2003. The Court will hold a status conferences December 19, 2002 at 2:00pm to discuss the scheduling of a trial date and the dates for submission of the pre-trial order, motions and proposed jury instructions The Conference now set for October 24, 2002 is cancelled. It is so Ordered ( signed by Judge Charles L. Brieant ); Copies mailed. (sv) (Entered: 07/09/2002)

07/08/2002 216 NOTICE of CHANGE OF FIRM ADDRESS: TO THE COURT, ALL PARTIES, AND ALL COUNSEL OF RECORD; PLEASE TAKE NOTICE that, effective July 5, 2002, the address of Grant & Eisenhofer, P.A. will change to: See document for details. (dc) (Entered: 07/18/2002)

09/30/2002 217 Memorandum to Docket Clerk: 9/30/02-Pretrial conference held and concluded. Discovery disputes resolved by the Court. The parties shall attend a status conference before this COurt on 11/6/02 at 3:30 p.m.. ...submitted by Alice Cama (pf) (Entered: 10/10/2002)

09/30/2002 Status Conference set at 3:30 11/6/02 before Judge Charles L. Brieant . (pf) (Entered: 10/10/2002)

10/08/2002 218 NOTICE OF CHANGE OF ADDRESS FILED BY ALAN R. PERRY, JR. (dc) (Entered: 10/10/2002)

11/12/2002 219 (UNSEALED 5/26/06) SEALED DOCUMENT placed in vault Log #5595. Notice of Filing of Plaintiffs' Counsel's Time and Expense Report for Period from April 1, 2002 Through June 30, 2002. Modified on 6/1/2006 (fk, ). (Entered: 11/18/2002)

12/04/2002 220 Transcript of record of proceedings before Judge Charles L. Brieant for the date(s) of September 30, 2002. (dc) (Entered: 12/12/2002)

12/20/2002 221 DECLARATION of Deborah Clark-Weintraub Re: Plaintiff's Memorandum of Law in Support of Plaintiff's Motion to Compel Documents from Oxford's Experts, dated Decemeber 19, 2002. (dc) (Entered: 12/27/2002)

12/20/2002 222 Memorandum to Docket Clerk: 12/19/02- Court Reporter Sue Ghorayeb. Status conference held and concluded. A jury selection and trial are scheduled for 3/10/03 at 9:15. A final pretrial conference is scheduled for 1/30/03 at 10:00 a.m.. In limine motions will be heard on 2/27/03 at 2:00 p.m.. See transcript ...submitted

by Alice Cama (pf) (Entered: 12/27/2002)

12/20/2002 Status Conference held before Judge Charles L. Brieant . (pf) (Entered: 12/27/2002)

12/20/2002 PRETRIAL CONFERENCE set at 10:00 1/30/03 before Judge Charles L. Brieant . (pf) (Entered: 12/27/2002)

12/20/2002 223 NOTICE OF MOTION to compel the production of documents subpeonaed from deft. Oxford Health Plans, Inc.'s Experts, Robert Wright and Daniel Freier, and their firms . (dc) (Entered: 12/30/2002)

12/24/2002 224 NOTICE OF SUBSTITUTION OF ATTORNEY for Mead Ann Krim. (Terminated attorney Harvey Greenfield for Mead Ann Krim ) Added attorney Laura M. Perrone. (dc) (Entered: 12/30/2002)

01/06/2003 225 REPLY MEMORANDUM by All plaintiffs in support re: [223-1] motion to compel the production of documents subpeonaed from deft. Oxford Health Plans, Inc.'s Experts, Robert Wright and Daniel Freier, and their firms . (pf) (Entered: 01/06/2003)

01/06/2003 229 AFFIDAVIT OF SERVICE of Firm Name Change by Robert J. Giuffra on 1/6/03... see document for more details. (jma) (Entered: 01/23/2003)

01/06/2003 230 AFFIDAVIT OF SERVICE of Notice of firm Name Change by Robert J. Giuffra, Jr. on 1/6/03 .....see document for more details . (jma) (Entered: 01/23/2003)

01/10/2003 228 Memo-Endorsement on letter addressed to Judge Brieant from Kenneth Conboy and Patricia M. Hynes, dated January 9, 2003. Re: request that the plaintiff's case against Mr. Milligan be dismissed with prejudice. ENDORSED: So much of the consolidated complaint which affects deft. Robert B. Milligan is dismissed with prejudice and without costs. So Ordered . ( signed by Judge Charles L. Brieant ); ch/f/cpys.(sv) (Entered: 01/23/2003)

01/10/2003 322 NOTICE OF MOTION by KPMG Peat Marwick LL for summary judgment . No Return Date (fk) (Entered: 03/07/2003)

01/10/2003 323 MEMORANDUM OF LAW by KPMG Peat Marwick LL in support of [322-1] motion for summary judgment . (fk) (Entered: 03/07/2003)

01/10/2003 324 AFFIDAVIT of Kelly Hnatt by KPMG Peat Marwick LL in support of [322-1] motion for summary judgment .***Vol. 1&2*** (fk) (Entered: 03/07/2003)

01/10/2003 325 NOTICE OF MOTION by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Brendan R. Shanahan for summary judgment . No Return Date . (fk) (Entered: 03/07/2003)

01/10/2003 326 RULE 56.1 STATEMENT filed by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Brendan R. Shanahan (fk) (Entered: 03/07/2003)

01/10/2003 327 MEMORANDUM OF LAW by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Brendan R. Shanahan in support of [325-1] motion for summary judgment . (fk) (Entered: 03/07/2003)

01/10/2003 328 DECLARATION of Robert Giuffra by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Brendan R. Shanahan Re: [325-1] motion for summary judgment . ***VOL. 1,2 & 3*** (fk) (Entered: 03/07/2003)

01/10/2003 329 NOTICE OF MOTION by Robert M. Smoler, David A. Finkel for summary judgment . No Return Date (fk) (Entered: 03/07/2003)

01/10/2003 330 RULE 56.1 STATEMENT filed by Robert M. Smoler, David A. Finkel (fk) (Entered: 03/07/2003)

01/10/2003 331 MEMORANDUM OF LAW by Robert M. Smoler, David A. Finkel in support of [329-1] motion for summary judgment . (fk) (Entered: 03/07/2003)

01/10/2003 332 DECLARATION of Robert Giuffra by Robert M. Smoler, David A. Finkel Re: [329-1] motion for summary judgment . (fk) (Entered: 03/07/2003)

01/16/2003 227 Memorandum to Docket Clerk: Discovery disputes before Judge Yanthis on 1/16/03. Next conference 1/30/03 @ 10:00am before (CLB). Submitted by Frank Cangelosi. . (sv) (Entered: 01/22/2003)

01/16/2003 PRETRIAL CONFERENCE set before Judge Charles L. Brieant . (sv) (Entered: 01/22/2003)

01/17/2003 226 ORDER; Presently before the Court are several discovery disputes which have been referred to the undersigned. The court has reviewed the materials submitted by the parties on the discovery isues and there was oral argument on January 16, 2003. The ourt now rules as follows: (see document for details).....The Court fruther concludes that the fact that the firms of testifying experts, Wright and Frier, are the consulting experts herein does not require broader discovery then what was agreed upon based on this record. Accordingly, the motion by plaintiffs for further discovery from the consulting experts is denied......So Ordered . ( signed by Magistrate Judge George A. Yanthis ); ch/m/cpys. (sv) (Entered: 01/22/2003)

01/21/2003 231 Order that case be referred to a Magistrate Judge for All purposes permitted by law. Referred to Magistrate Judge George A. Yanthis . ( signed by Judge Charles L. Brieant ) Copies mailed by Clerk's Office (pf) (Entered: 01/27/2003)

01/28/2003 232 NOTICE OF MOTION by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan to bifurcate trial . NO Return Date (pf) (Entered: 01/28/2003)

01/28/2003 233 MEMORANDUM OF LAW by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan in support of [232-1] motion to bifurcate trial . (pf) (Entered: 01/28/2003)

01/28/2003 234 DECLARATION of Robert Giuffra, Jr. by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan in support Re: [232-1] motion to bifurcate trial . (pf) (Entered: 01/28/2003)

01/28/2003 235 PARTIAL JUDGMENT # for Robert B. Milligan Jr.against Oxford Health Plans . Ordered, Adjudged and Decreed: that the complaint be and is hereby dismissed as to Defendant Robert B> Millgan with prejudice and with no costs. Judgement clerk mailed copy. Entered On Docket: 1/29/03. (bls) (Entered: 01/29/2003)

01/31/2003 236 Transcript of record of proceedings before Judge Charles L. Brieant for the date(s) of 09/30/02. (fk) (Entered: 02/03/2003)

02/06/2003 237 MEMORANDUM OF LAW of KPMG in support of [232-1] motion to bifurcate trial. (dc) Modified on 02/06/2003 (Entered: 02/06/2003)

02/06/2003 238 AFFIDAVIT of Antonio Yanez, Jr. in support of [232-1] motion to bifurcate trial. (dc) (Entered: 02/06/2003)

02/07/2003 239 SUPPLEMENTAL MEMORANDUM OF LAW by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan in support of [232-1] motion to bifurcate trial . (pf) (Entered: 02/07/2003)

02/10/2003 240 MEMORANDUM OF LAW by Howard Vogel Retire., PERA of Colorado, PBHG Growth II Port., PBHG L. C. G. Port., PBHG Select 20 Port., PBHG L. C. G. Fund, PBHG L. C. 20 Fund in opposition to (Motion held in chambers) . (sv) (Entered: 02/10/2003)

02/10/2003 241 DECLARATION of Geoffrey C. Jarvis by PERA of Colorado Re: (Motion held in chambers) . (sv) (Entered: 02/10/2003)

02/10/2003 242 RULE 56.1 STATEMENT filed by Howard Vogel Retire., PERA of Colorado, PBHG Growth II Port., PBHG L. C. G. Port., PBHG Select 20 Port., PBHG L. C. G. Fund, PBHG L. C. 20 Fund (sv) (Entered: 02/10/2003)

02/10/2003 243 RULE 56.1 STATEMENT filed by Howard Vogel Retire., PERA of Colorado, PBHG Growth II Port., PBHG L. C. G. Port., PBHG Select 20 Port., PBHG L. C. G. Fund, PBHG L. C. 20 Fund (sv) (Entered: 02/10/2003)

02/10/2003 244 MEMORANDUM OF LAW by Howard Vogel Retire., PERA of Colorado, PBHG Growth II Port., PBHG L. C. G. Port., PBHG Select 20 Port., PBHG L. C. G. Fund, PBHG L. C. 20 Fund in opposition to defendant KPMG's Motion for Summary Judgment (Motion held in chambers). (sv) (Entered: 02/11/2003)

02/10/2003 245 DECLARATION of Beth Kaswan by Howard Vogel Retire., PERA of Colorado, PBHG Growth II Port., PBHG L. C. G. Port., PBHG Select 20 Port., PBHG L. C. G. Fund, PBHG L. C. 20 Fund in support Re: Defendant KPMG Motion for Summary Judgment (Motion held in chambers) . (sv) (Entered: 02/11/2003)

02/10/2003 246 EXHIBITS TO THE DECLARATION OF BETH KASWAN (VOL. II) (sv) (Entered: 02/11/2003)

02/10/2003 247 EXHIBITS TO THE DECLARATION OF GEOGGREY C. JAVIS (VOLUME 2) (sv) (Entered: 02/11/2003)

02/10/2003 248 EXHIBITS TO THE DECLARATION OF GEOFFREY C. JARVIS (VOLUME 3) (sv) (Entered: 02/11/2003)

02/10/2003 249 EXHIBITS TO THE DECLARATION OF GEOGGREY C. JARVIS (VOLUME

4) (sv) (Entered: 02/11/2003)

02/10/2003 250 EXHIBITS TO THE DECLARATION OF GEOFFREY C. JARVIS (VOLUME 5) (sv) (Entered: 02/11/2003)

02/10/2003 251 EXHIBITS TO THE DECLARATION OF GEOFFREY C. JARVIS (VOLUME 6) (sv) (Entered: 02/11/2003)

02/10/2003 253 RULE 56.1 STATEMENT filed by Howard Vogel Retire., PERA of Colorado, PBHG Growth II Port., PBHG L. C. G. Port., PBHG Select 20 Port., PBHG L. C. G. Fund, PBHG L. C. 20 Fund, Paul J. Silvester (sv) (Entered: 02/14/2003)

02/10/2003 254 MEMORANDUM OF LAW by Howard Vogel Retire., PERA of Colorado, PBHG Growth II Port., PBHG L. C. G. Port., PBHG Select 20 Port., PBHG L. C. G. Fund, PBHG L. C. 20 Fund in opposition to Motion for summary judgment of David A. Finkel and Robert M. Smoler (motion held in chambers) . (sv) (Entered: 02/14/2003)

02/10/2003 255 DECLARATION of Deborach Clark-Weintraub by Howard Vogel Retire., PERA of Colorado, PBHG Growth II Port., PBHG L. C. G. Port., PBHG Select 20 Port., PBHG L. C. G. Fund, PBHG L. C. 20 Fund in support Re: [254-1] opposition memorandum . (sv) (Entered: 02/14/2003)

02/10/2003 256 EXHIBITS TO THE DECLARATION OF DEBORAH CLARK-WEINTRAUB VOL. II by Howard Vogel Retire., PERA of Colorado, PBHG Growth II Port., PBHG L. C. G. Port., PBHG Select 20 Port., PBHG L. C. G. Fund, PBHG L. C. 20 Fund (sv) (Entered: 02/14/2003)

02/10/2003 257 EXHIBITS TO THE DECLARATION OF DEBORAH CLARK-WEINTRAUB VOL. III by Howard Vogel Retire., PERA of Colorado, PBHG Growth II Port., PBHG L. C. G. Port., PBHG Select 20 Port., PBHG L. C. G. Fund, PBHG L. C. 20 Fund (sv) (Entered: 02/14/2003)

02/11/2003 252 ORDER denying [232-1] motion to bifurcate trial;.... The motoin to bifurcate is denied. The Court expresses no opinion as to the validity or admissiability of Palintiffs' proposed damages calculation, which is understood to be the subject of another motion to be hear later. So Ordered . ( signed by Judge Charles L. Brieant ); ch/m/cpys. (sv) (Entered: 02/13/2003)

02/11/2003 258 Letter filed by Howard Vogel Retire. addressed to Judge Brieant from Patricia M. Hynes, dated January 29, 2003, re: plaintiffs' strenuous opposition to defendants' motion. (sv) (Entered: 02/19/2003)

02/18/2003 259 NOTICE OF MOTION by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan in limine to exclude the testimony of Blaine F. Nye . Return Date 2/27/03 at 0:00. (fk) (Entered: 02/19/2003)

02/18/2003 260 MEMORANDUM OF LAW by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan in support of [259-1] motion in limine to exclude the testimony of Blaine F. Nye . (fk) (Entered: 02/19/2003)

02/18/2003 261 DECLARATION of Frederick Dunbar by Oxford Health Plans, Stephen F.

Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan Re: [259-1] motion in limine to exclude the testimony of Blaine F. Nye . (fk) (Entered: 02/19/2003)

02/18/2003 262 NOTICE OF MOTION by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan in limine to limit the testimony of Charles R. Drott . Return Date 2/27/03 at 2:00. (fk) (Entered: 02/19/2003)

02/18/2003 263 MEMORANDUM OF LAW by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan in support of [262-1] motion in limine to limit the testimony of Charles R. Drott . (fk) (Entered: 02/19/2003)

02/18/2003 264 DECLARATION of Mark Coyne by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan Re: [262-1] motion in limine to limit the testimony of Charles R. Drott . (fk) (Entered: 02/19/2003)

02/18/2003 265 NOTICE OF MOTION by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan in limine to exclude evidence of the NYS Dept of Insurance Reports ans Settlement . Return Date 2/27/03 at 2:00. (fk) (Entered: 02/19/2003)

02/18/2003 266 MEMORANDUM OF LAW by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan in support of [265-1] motion in limine to exclude evidence of the NYS Dept of Insurance Reports ans Settlement . (fk) (Entered: 02/19/2003)

02/18/2003 267 DECLARATION of Barry Berke by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan Re: [265-1] motion in limine to exclude evidence of the NYS Dept of Insurance Reports ans Settlement . (fk) (Entered: 02/19/2003)

02/18/2003 268 NOTICE OF MOTION by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan to exclude evidence of Oxford's subsequent remedial measures . Return Date 2/27/03 at 2:00. (fk) (Entered: 02/19/2003)

02/18/2003 269 MEMORANDUM OF LAW by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan in support of [268-1] motion to exclude evidence of Oxford's subsequent remedial measures . (fk) (Entered: 02/19/2003)

02/18/2003 270 DECLARATION of Barry H. Berke by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan Re: [268-1] motion to exclude evidence of Oxford's subsequent remedial measures . **Vol. I** (fk) (Entered: 02/19/2003)

02/18/2003 271 DECLARATION of Barry H. Berke by Oxford Health Plans, Stephen F. Wiggins,

William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan Re: [268-1] motion to exclude evidence of Oxford's subsequent remedial measures . **Vol. II** (fk) (Entered: 02/19/2003)

02/18/2003 272 NOTICE OF PLAINTIFFS' MOTION in limine to exclude testimony by Stephen Farmer . Return Date 2/27/03 at 2:00. (dc) Modified on 03/11/2003 (Entered: 02/19/2003)

02/18/2003 273 MEMORANDUM OF LAW by plaintiffs' in support of [272-1] motion in limine to exclude testimony by Stephen Farmer. (dc) (Entered: 02/19/2003)

02/18/2003 274 DECLARATION of Geoffrey C. Jarvis in support Re: [272-1] motion in limine to exclude testimony by Stephen Farmer. (dc) (Entered: 02/19/2003)

02/18/2003 275 NOTICE OF PLAINTIFFS' MOTION in limine to preclude KPMG's Expert testimony on restatement . Return Date 2/27/03 at 2:00. (dc) (Entered: 02/19/2003)

02/18/2003 276 PLAINTIFFS' MEMORANDUM OF LAW in support of [275-1] motion in limine to preclude KPMG's Expert testimony on restatement. (dc) (Entered: 02/19/2003)

02/18/2003 277 NOTICE OF MOTION to strike the addendum of Daniel E. Freier . Return Date 2/27/03 at 2:00. (dc) (Entered: 02/19/2003)

02/18/2003 278 PLAINTIFFS' MEMORANDUM OF LAW in support of [277-1] motion to strike the addendum of Daniel E. Freier. (dc) (Entered: 02/19/2003)

02/18/2003 279 NOTICE OF PLAINTIFFS' MOTION in limine to exclude the Securities and Exchange Commission Consent Order . Return Date 2/27/03 at 2:00. (dc) (Entered: 02/19/2003)

02/18/2003 280 PLAINTIFFS' MEMORANDUM OF LAW in support of [279-1] motion in limine to exclude the Securities and Exchange Commission Consent Order. (dc) (Entered: 02/19/2003)

02/18/2003 281 NOTICE OF PLAINTIFFS' MOTION in limine to preclude evidence concerning Gary Weber . Return Date 2/27/03 at 2:00. (dc) Modified on 03/11/2003 (Entered: 02/19/2003)

02/18/2003 282 PLAINTIFFS' MEMORANDUM OF LAW in support of [281-1] motion in limine to preclude evidence concerning Gary Weberx . (dc) (Entered: 02/19/2003)

02/18/2003 283 NOTICE OF MOTION in limine to preclude deft's from presenting certain evidence with respect to Lead Plaintiffs Sabbia and Hurley . Return Date 2/27/03 at 2:00. (dc) (Entered: 02/19/2003)

02/18/2003 284 PLAINTIFFS' MEMORANDUM OF LAW in support of [283-1] motion in limine to preclude deft's from presenting certain evidence with respect to Lead Plaintiffs Sabbia and Hurley. (dc) (Entered: 02/19/2003)

02/19/2003 308 Joinder Of Defendant KPMG Peat Marwick LL to join [268-1] motion to exclude evidence of Oxford's subsequent remedial measures, [265-1] motion in limine to exclude evidence of the NYS Dept of Insurance Reports ans Settlement, [262-1] motion in limine to limit the testimony of Charles R. Drott, [259-1] motion in limine to exclude the testimony of Blaine F. Nye (sv) (Entered: 02/26/2003)

02/20/2003 285 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE OF CLAIMS AGAINST DEFENANTS BENJAMIN H. SAFIRSTEIN AND THOMAS A. TRAVERS; Pursuant to Fed. R. Civ. P. 41(a)(1), plaintiffs, defendants Benjamin H, Safirstein and Thomas A. Travers, and all other parties appearing in this action, by and through their undersigned counsel, hereby stipulate and agree that plaintiffs may and hereby do voluntarily dismiss with prejudice, and without costs to any party, all claims asserted by plaintiffs in this case against defendants Benjamin H. Safirstein and Thomas A. Travers. Nothing herein shall prejudice any other claims asserted by plaintiffs in this action against any othe rparties appearing in this action. This Stipulation may be signed in counterparts. So Ordered . ( signed by Judge Charles L. Brieant )clk/m/cpys. (sv) (Entered: 02/21/2003)

02/20/2003 333 REPLY MEMORANDUM OF LAW by KPMG Peat Marwick LL in support of [322-1] motion for summary judgment . (fk) (Entered: 03/07/2003)

02/20/2003 334 SUPPLEMENTAL AFFIDAVIT of Kelly Hnatt by KPMG Peat Marwick LL in further support of [322-1] motion for summary judgment . (fk) (Entered: 03/07/2003)

02/20/2003 335 DECLARATION of Mark Coyne by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Brendan R. Shanahan Re: [325-1] motion for summary judgment . (fk) (Entered: 03/07/2003)

02/20/2003 336 REPLY MEMORANDUM OF LAW by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Brendan R. Shanahan in support of [325-1] motion for summary judgment . (fk) (Entered: 03/07/2003)

02/21/2003 286 NOTICE OF MOTION by KPMG Peat Marwick LL in limine to exclude evidence of work performed after its Audit of Oxford's 1996 Year-End Financial Statements . Return Date 2/27/03. (dc) (Entered: 02/21/2003)

02/21/2003 287 MEMORANDUM OF LAW by KPMG Peat Marwick LL in support of [286-1] motion in limine to exclude evidence of work performed after its Audit of Oxford's 1996 Year-End Financial Statements. (dc) (Entered: 02/21/2003)

02/21/2003 288 AFFIDAVIT of Kelly M. Hnatt by KPMG Peat Marwick LL in support of [286-1] motion in limine to exclude evidence of work performed after its Audit of Oxford's 1996 Year-End Financial Statements. (dc) (Entered: 02/21/2003)

02/21/2003 294 Memorandum to Docket Clerk: 2/21/03-Mary Staten Court Reporter. Pretrial conference held and concluded. The Court resolves issues regarding juror questionnaire. See transcript. ...Submitte dby Alice Cama (pf) (Entered: 02/24/2003)

02/21/2003 PRETRIAL CONFERENCE held before Judge Charles L. Brieant . (pf) (Entered: 02/24/2003)

02/24/2003 289 MEMORANDUM OF LAW by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan in opposition to [272-1] motion in limine to exclude testimony by Stephen Farmer . (pf) (Entered: 02/24/2003)

02/24/2003 290 MEMORANDUM OF LAW by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan in opposition to [277-1] motion to strike the addendum of Daniel E. Freier . (pf) (Entered: 02/24/2003)

02/24/2003 291 MEMORANDUM OF LAW by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan in opposition to [281-1] motion in limine to preclude evidence concerning Gary Weber . (pf) (Entered: 02/24/2003)

02/24/2003 292 MEMORANDUM OF LAW by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan in opposition to [283-1] motion in limine to preclude deft's from presenting certain evidence with respect to Lead Plaintiffs Sabbia and Hurley . (pf) (Entered: 02/24/2003)

02/24/2003 293 DECLARATION of Mark E. Coyne by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan Re: to place before the Court documents cited in the Oxford Dfts' Opposition to Plntffs' Motion in Limine Seeking to Preclude Certain Evidence Concerning Lead Plntffs Hurley and Sabbia, dated 2/21/03. (pf) (Entered: 02/24/2003)

02/24/2003 295 MEMORANDUM OF LAW by All plaintiffs in opposition to [265-1] motion in limine to exclude evidence of the NYS Dept of Insurance Reports ans Settlement . (pf) (Entered: 02/24/2003)

02/24/2003 296 MEMORANDUM OF LAW by All plaintiffs in opposition to [268-1] motion to exclude evidence of Oxford's subsequent remedial measures . (pf) (Entered: 02/24/2003)

02/24/2003 297 DECLARATION of Geoffrey Jarvis by All plaintiffs Re: to place before the COurt documents cited in Plntffs' Opposition to the Oxford Dfts' Motion to Eclude Evidence of Oxford's Subsequent Remedial Meadures dated 2/21/03 . (pf) (Entered: 02/24/2003)

02/24/2003 298 DECLARATION of Bruce Bernstein by All plaintiffs Re: ...to palce before this Court documents cited in Plntffs' Memorandum of Law in Opposition to the Oxford Dfts' Motion to Exclude the NY State Dept. pf Insurance Reports and Settlement, dated 2/21/03 . (pf) (Entered: 02/24/2003)

02/24/2003 299 DECLARATION of Beth Kaswan by All plaintiffs Re: to place before the Court documents cited in Plntffs' Opposition to Dfts' Motion in Limine to Limit the Testimony of Charles Drott, dated 2/21/03 . (pf) (Entered: 02/24/2003)

02/24/2003 300 MEMORANDUM OF LAW by All plaintiffs in opposition to [262-1] motion in limine to limit the testimony of Charles R. Drott . (pf) (Entered: 02/24/2003)

02/24/2003 301 MEMORANDUM OF LAW by All plaintiffs in opposition to [259-1] motion in limine to exclude the testimony of Blaine F. Nye . (pf) (Entered: 02/24/2003)

02/24/2003 302 DECLARATION of Deborah Clark-Weintraub by All plaintiffs Re: to place before the Court documents cited in plntffs' Memorandum in Opposition to Dfts' Motion in Limine to Exclude the Expert Testimony of Blaine F. Nye, dated

2/21/03. (pf) (Entered: 02/24/2003)

02/24/2003 303 MEMORANDUM OF LAW by KPMG Peat Marwick LL in opposition to [275-1] motion in limine to preclude KPMG's Expert testimony on restatement . (sv) (Entered: 02/25/2003)

02/24/2003 304 MEMORANDUM OF LAW by KPMG Peat Marwick LL in opposition to [279-1] motion in limine to exclude the Securities and Exchange Commission Consent Order . (sv) (Entered: 02/25/2003)

02/24/2003 305 NOTICE OF MOTION by KPMG Peat Marwick LL to exclude evidence relating to its internal Audit Manual . Return Date 2/27/03 at 2:00. (sv) (Entered: 02/25/2003)

02/24/2003 306 MEMORANDUM OF LAW by KPMG Peat Marwick LL in support of [305-1] motion to exclude evidence relating to its internal Audit Manual . (sv) (Entered: 02/25/2003)

02/24/2003 307 AFFIDAVIT of Antonio Yanez, Jr. by KPMG Peat Marwick LL in support of [305-1] motion to exclude evidence relating to its internal Audit Manual . (sv) (Entered: 02/25/2003)

02/24/2003 309 MEMORANDUM OF LAW by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan in opposition to PLAINTIFFS MOTION IN LIMINE TO EXCLUDE YHE SEC'S FINDINGS OF FACT . (sv) (Entered: 02/26/2003)

02/24/2003 337 REPLY MEMORANDUM OF LAW by Robert M. Smoler, David A. Finkel in support of [329-1] motion for summary judgment . (fk) (Entered: 03/07/2003)

02/24/2003 372 AFFIDAVIT of Antonio Yanez, Jr. by KPMG Peat Marwick LL in opposition to [275-1] motion in limine to preclude KPMG's Expert testimony on restatement . (sv) (Entered: 06/17/2003)

02/26/2003 310 Plntffs' REPLY MEMORANDUM in support re: [279-1] motion in limine to exclude the Securities and Exchange Commission Consent Order . (pf) Modified on 02/26/2003 (Entered: 02/26/2003)

02/26/2003 311 PLNTFFS' MEMORANDUM OF LAW in opposition to [286-1] motion in limine to exclude evidence of work performed after its Audit of Oxford's 1996 Year-End Financial Statements . (pf) (Entered: 02/26/2003)

02/26/2003 312 PLNTFFS' MEMORANDUM OF LAW in opposition to [305-1] motion to exclude evidence relating to its internal Audit Manual . (pf) (Entered: 02/26/2003)

02/26/2003 313 DECLARATION of Beth A. Kaswan by Plntffs' in further support of Re: [275-1] motion in limine to preclude KPMG's Expert testimony on restatement . (pf) (Entered: 02/26/2003)

02/26/2003 314 DECLARATION of Beth Kaswan by Plntffs' in further support Re: [311-1] opposition memorandum . (pf) (Entered: 02/26/2003)

02/26/2003 315 Joinder by KPMG Peat Marwick LL to join in the memoranda of law in opposition to plntffs' motions in limine(documents #290-192) (pf) (Entered:

02/26/2003)

02/26/2003 316 REPLY MEMORANDUM by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan re: [259-1] motion in limine to exclude the testimony of Blaine F. Nye . (sv) (Entered: 02/27/2003)

02/26/2003 317 REPLY MEMORANDUM by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan re: [262-1] motion in limine to limit the testimony of Charles R. Drott . (sv) (Entered: 02/27/2003)

02/26/2003 318 REPLY MEMORANDUM by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan re: [268-1] motion to exclude evidence of Oxford's subsequent remedial measures . (sv) (Entered: 02/27/2003)

02/26/2003 319 REPLY MEMORANDUM by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan re: [265-1] motion in limine to exclude evidence of the NYS Dept of Insurance Reports ans Settlement . (sv) (Entered: 02/27/2003)

03/03/2003 320 Transcript of record of proceedings before Judge Charles L. Brieant for the date(s) of 01/30/03. (fk) (Entered: 03/03/2003)

03/03/2003 338 Letter filed by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Brendan R. Shanahan addressed to Judge Brieant from Robert Giuffra, dated 01/07/03, re: motions.. (fk) (Entered: 03/07/2003)

03/03/2003 339 Letter filed by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Brendan R. Shanahan addressed to Judge Brieant from Robert Giuffra, dated 12/26/02, re: response to motion to compel. (fk) (Entered: 03/07/2003)

03/03/2003 340 Letter filed by Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Brendan R. Shanahan addressed to Judge Brieant from Barry Berke, dated 03/03/03, re: request to preclude evidence.. (fk) (Entered: 03/07/2003)

03/04/2003 343 Memo-Endorsement on letter addressed to USDJ Brieant from Kelly Hnatt, dated 3/3/03. Re:... Upon reviewing the Memo and Order, dated 2/28/03, addressing dfts' motions for summary jgmnt, we have identified certain typographical errors on page 28 regarding fee KPMG earned during and in connection with KPMG's 1996 audit. We request that these errors be corrected to reflect the undisputed record...ENDORSEMENT: The within letter dated 3/3/03 has been considered and is treated as some sort of a motion. It is true that the statement in this Court's Memorandum and Order dated 2/28/03 that KPMG's audit fees were less than $10,000.00 is obviously incorrect. The audit fees in fact, less the tax fee, were approximately $315,000.00. The underlying issue of motivation is in fact intensive and does not depend on whether the consulting fees earned from the client were "contemporaneous" with or followed the audit, and occurred in the same year. While the COurt seeks perfection, these errors are deemed trivial and not outcome

determinitive of the motion for summary jgmnt or the case itself. The decision is not being submitted for publication because it contains no new legal doctrine. The record is deemed corrected. So Ordered: ( signed by Judge Charles L. Brieant ); Copies faxed by Chambers. (pf) (Entered: 03/10/2003)

03/05/2003 321 Letter filed addressed to Judge Brieant from Patricia M. Hynes, dated 03/04/03, re: I am writing regarding the letter of Barry H. Berke on behalf of the Oxford deft's. date 3/03/03..... (jma) (Entered: 03/05/2003)

03/07/2003 341 MEMORANDUM & ORDER terminating [329-1] motion for summary judgment, terminating [325-1] motion for summary judgment, terminating [322-1] motion for summary judgment ... The Consolidated Complaint is dismissed as to Dfts Robert M. Smoler, Dr. Benjamin Safirstein, Dr. Thomas Travers and Robert Milligan. In all other respects, the Motions are denied. Issues not specifically touched upon herein have been considered also by the COurt but are considered not to affect the decision. So Ordered: ( signed by Judge Charles L. Brieant ); Copies mailed by Chambers. (pf) (Entered: 03/07/2003)

03/07/2003 342 ORDER denying [259-1] motion in limine to exclude the testimony of Blaine F. Nye;....Defendant's motion in limine to exclude the aggregate damages estimate, the proportional trading model and exclusion under the Daubert rule are denied. Defendant's motion to preclude Dr. Nye from testifying about materiality is denied. So Ordered . ( signed by Judge Charles L. Brieant ); ch/handed/cpys. (sv) (Entered: 03/07/2003)

03/07/2003 344 Memorandum to Docket Clerk: 2/27/03-Court Reporter: Sue Ghorayeb. Plntff Motion in Limine to Exclude Mr. Farmer's Testimony(Docket #'s 272-274). Disposition: Judge will rule on scope of question at time of trial. See transcript. ...submitted by Alice Cama (pf) (Entered: 03/10/2003)

03/07/2003 345 Memorandum to Docket Clerk: granting [275-1] motion in limine to preclude KPMG's Expert testimony on restatement . ...2/27/03-Court Reporter: Sue Ghorayeb. Plntff motion to Exclude KPMG Expert Mr. Larimore Testimony, Re: Restatement of Financials(Docket #'s 275-276) Granted with exceptions. Please follow Court's oral instructions. See transcript. ...submitted by Alice Cama (pf) (Entered: 03/10/2003)

03/07/2003 346 Memorandum to Docket Clerk: 2/27/03-Court Reporter: Sue Ghorayeb. Def Motion in limine to exclude Dr. Nye's Testimony)Docket #'s 259-261); See Memorandum and Order dated 3/6/03...submitted by Alice Cama (pf) Modified on 03/10/2003 (Entered: 03/10/2003)

03/07/2003 347 Memorandum to Docket Clerk: granting [286-1] motion in limine to exclude evidence of work performed after its Audit of Oxford's 1996 Year-End Financial Statements . ...2/27/03-Court Reporter: Sue Ghorayeb. Dft KPMG Motion in Limine to Exclude work performed after 1996 Audit(Docket #'s 286-288) tentative ruling granting motion with exceptions--Please follow court's oral instructions. See transcript. ...submitted by Alice Cama (pf) (Entered: 03/10/2003)

03/07/2003 348 Memorandum to Docket Clerk: denying [277-1] motion to strike the addendum of Daniel E. Freier . 2/27/03-Court Reporter: Sue Ghorayeb. Plntff motion in limine to strike addendum of Mr. Frier's expert testimony(Doc #'s 277-278). Disposition: Denied since Court ordered a deposition by plntff of Freier limited to the

addendum. See transcript...submitted by Alice Cama (pf) (Entered: 03/11/2003)

03/07/2003 349 Memorandum to Docket Clerk: 2/27/03-Court Reporter: Sue Ghorayeb. Plntff motion in limine to exclude evidence of plntff Weber(Doc #'s 281-282). Disposition: If Weber files a claim and dft objects, Court will hold a hearing. See transcript. ...submitted by Alice Cama (pf) (Entered: 03/11/2003)

03/07/2003 350 Memorandum to Docket Clerk: terminating [279-1] motion in limine to exclude the Securities and Exchange Commission Consent Order . 2/27/03-Court Reporter: Sue Ghorayeb. Plntff motion to exclude SEC Consent Order(doc #'s 279-280), denied with conditions that it is relevant, more probative than prejudicial and "the Wells letter" attached to it without all of these conditions being met, motion is granted. See transcript...submitted by Alice Cama (pf) (Entered: 03/11/2003)

03/07/2003 351 Memorandum to Docket Clerk: terminating [262-1] motion in limine to limit the testimony of Charles R. Drott . 2/27/03-Court Reporter: Sue Ghorayeb. Dft motion in limine to limit Mr. Drott's testimony(doc #'s 262-264), please follow Court's oral instructions. See transcript... submitted by Alice Cama (pf) (Entered: 03/11/2003)

03/07/2003 352 Memorandum to Docket Clerk: terminating [265-1] motion in limine to exclude evidence of the NYS Dept of Insurance Reports ans Settlement . 2/27/03-Court Reporter Sue Ghorayeb. Deft motion in limine to exclude NY Insurance and Settlement(Doc 3's 265-267); Please follow Court's Oral instructions, see transcript... (pf) (Entered: 03/11/2003)

03/07/2003 353 Memorandum to Docket Clerk: terminating [268-1] motion to exclude evidence of Oxford's subsequent remedial measures . 2/27/03-Court Reporter: Sue Ghorayeb. Dft motion in limine to exclude subsequent remedial measures(doc #'s 268-271); tentative ruling granting motion, see transcript and follow court's oral instructions... (pf) (Entered: 03/11/2003)

03/07/2003 354 Memorandum to Docket Clerk: terminating [283-1] motion in limine to preclude deft's from presenting certain evidence with respect to Lead Plaintiffs Sabbia and Hurley . 2/27/03-Court Reporter: Sue Ghorayeb. Plntff motion in limine to exclude evidence of plntss Sabbia and Hurley(Doc # 283). Disposition: Judge will rule on scope of Dft's cross examination in question by question at time of trial. See transcript.. (pf) (Entered: 03/11/2003)

03/07/2003 355 Memorandum to Docket Clerk: terminating [305-1] motion to exclude evidence relating to its internal Audit Manual . 2/27/03-Court Reporter: Sue Ghorayeb. Dft KPMG motion in limine to exclude evidence Re: KPMG's Audit Manual(Doc #'s 305-307), tentative ruling granting motion with exceptions, confer with court re: confidentiality. See transcript.. (pf) (Entered: 03/11/2003)

03/10/2003 356 Memorandum to Docket Clerk: denying [223-1] motion to compel the production of documents subpeonaed from deft. Oxford Health Plans, Inc.'s Experts, Robert Wright and Daniel Freier, and their firms, denying [215-1] motion to remove plaintiffs' order to show cause and supporting papers from the court's docket and file . 3/10/03-Court Reporter: Angela O'Donnell. Trial commenced and concluded. Case settled subject to Fairness Hearing under Rule 23. Fairness Hearing is scheduled for 6/11/03 at 2:15 p.m.. The following motions are denied without prejudice in light of th etentative settlement: Doc #'s 215 and 223. So Ordered:

Brieant: J. ...sumitted by Alice Camam (pf) (Entered: 03/11/2003)

03/10/2003 Jury Trial begun before Judge Charles L. Brieant . (pf) (Entered: 03/11/2003)

03/10/2003 Jury Trial held before Judge Charles L. Brieant . (pf) (Entered: 03/11/2003)

03/10/2003 Jury Trial concluded before Judge Charles L. Brieant . Case Settled subject to Fairness Hearing under Rule 23. (pf) (Entered: 03/11/2003)

04/11/2003 357 Letter filed addressed to Dear Ms. Ward from Antonio Yanez, Jr., dated 02/28/03, re: request that documents be filed under sealed...... (jma) (Entered: 04/11/2003)

04/14/2003 358 STIPULATION and ORDER and Agreements of Settlement the parties to this Stipulation intend the Settlements to be final and complete resolution of all disputes asserted or which could be asserted by the Class Members (see document for details) Plaintiff's counsel directed to arrange notice to all class members.So Ordered: . ( signed by Judge Charles L. Brieant ) (ll) (Entered: 04/14/2003)

04/14/2003 359 NOTICE of by Oxford Health Plans, Metro Services, Inc., Anthony P. Uzzo, Anthony Siniscalchi, Blaise Fredella, Worldco, LLC, Gateway Capital, Lawrence Group, PTJP Partners, LP, Murray Berman, Marko Jerovsek, Julian Hill, Ellen Loring, Benjamin A. Corteza, Geoffrey M. Gyrisco, Robert J. Rosenkranz, North River Trading, John Turner, Edna Roth, Arthur Plevy, Judith Mosson, Clark Boyd, Jane Boyd, Dane Field, Angeles Glick, Elena Rudish, Charles Heller, Martin Lowrie Ira, Timothy O. Fanning, Joseph C. Barton, Rita Saga, Marcia Cohen, Benjamin Cohen, Melvin S. Katzman, Miri Shapiro, Howard Vogel Retire., Scott Dinhofer, T. B. Doe III, Jeff Weckstein, Bob Greckel, Gary Weber, Daniel Willis, Elvino A. Saura, Joseph Selig, Brett Brandes, Carol Ross, Sheila Sole, Earl D. Henricks, Jeffrey Williams, Direct Marketing Day, Harold Serbin, I. Leonard Hoffman, Thomas Duane Armstrong, Gil Roeder, Richard Levandov, Mardi Braun, Thomas C. Blauvelt, Malamate Barreto, Chris Hobler, Peter W. Hobler, Leigh Hobler Gerard, Ernest P. Bergmann, Nicole Pasternak, Perkins Partners I., N.I.D.D. Ltd., Howard Burch, Wei-Mon Mark, Dean Ross, Mark Savet, William Lerchbacker, Eliot Charnas, Lawrence D. Frost, SBA of Florida, Josh Scheinfeld, Cheryl Fisher, William Steiner, Morris J. Koenig, Robert Wolper, Al Tawil, Howard Winters, Annbeth Winters, Jerry Krim, Oxford Health Plans, Stephen F. Wiggins, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Robert M. Smoler, David A. Finkel, Brendan R. Shanahan, Robert B. Milligan Jr., James B. Adamson, Fred F. Nazem, Thomas A. Scully, Benjamin M. Safirstein, John P. Driscoll, David B. Snow Jr., Jay L. Silverstein, Thomas A. Travers, Marcia J. Radosevich, Paul Ricker, Jeanne Wisniewski, Kevin R. Hill, Frank Medici, Alan Sokolow, Alfred L. Kopit, PERA of Colorado, PBHG Growth II Port., PBHG L. C. G. Port., PBHG Select 20 Port., PBHG L. C. G. Fund, PBHG L. C. 20 Fund, Paul J. Silvester, Mead Ann Krim, KPMG Peat Marwick LL, SEIU Nat. Ind. Pen., Direct Marketing Day, Shiv N. Dasgupta, Sheila Sole, OPEI Union Local 153, Christina A. Lyon, John Jr. Kulacz, Edward Bartolo, Metro Services, Inc., PTJP Partners, Ltd., John Turner, Al Tawil, North River Trad., All plaintiffs, Jay Alix & Assoc, Reliance Insurance C Preliminary order in connection with settlement proceedings which is subject to review under Rule 23 of the FRCP and which, together with the exhibits thereto, sets forth the terms and conditions for the proposed settlements with the Oxford Defendants and with KPMG, of the claims alleged in the Complaint on the merits and with prejuice upon the terms

and conditions set forth in the Stipulation. The Stipulation and proposed Settlements with the Oxford Defendants and KPMG are preliminarily approved. A hearing (the Settlement Fairness Hearing") pursuant to Rule 23(e) of the FRCP is hereby scheduled to be held before the Court on June 11, 2003, at 2:15 p.m. (ll) (Entered: 04/14/2003)

04/14/2003 360 SEALED DOCUMENT placed in vault. Log #5723. Pntff's time and expense report. (pf) (Entered: 04/14/2003)

04/14/2003 361 NOTICE OF MOTION by PERA of Colorado for attorney's fees section of the proposed class notice. . No Return Date at . (sv) (Entered: 04/15/2003)

04/14/2003 Memo endorsed on motion; denying [361-1] motion for attorney's fees section of the proposed class notice. ENDORSED: Motion Denied. See transcri[pt for oral deicison. So Ordered . ( signed by Judge Charles L. Brieant ); clk/m/cpys. (sv) (Entered: 04/15/2003)

05/02/2003 362 Objection(s) to Settlement [358-1] order, filed by David Kock, President/CEO, Two River Benefits Consultants . (sv) (Entered: 05/07/2003)

06/05/2003 373 DECLARATION of Glen DeValerio and Robert I. H by Arthur Plevy in support Re: Application for an award of attorneys' fees and reimbursement of expenses. (sv) (Entered: 06/17/2003)

06/05/2003 374 MEMORANDUM OF LAW by Arthur Plevy, Cheryl Fisher, William Steiner in support of Application for an ward of attorneys' fees and reimbursement of expenses. (sv) (Entered: 06/17/2003)

06/05/2003 375 COMPENDIUM OF UNPUBLISHED AUTHORITIES TO PLAINTIFFS' MEMORANDUM IN SUPPORT OF APPLICATION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES by Arthur Plevy, Cheryl Fisher, William Steiner . (sv) (Entered: 06/17/2003)

06/06/2003 363 MEMORANDUM OF LAW in support of Final Approval of Class Action Settlements and Plan of Allocation. (dcr) (Entered: 06/09/2003)

06/06/2003 364 MEMORANDUM OF LAW in support of Plaintiffs' counsel's application for an award of attorneys' fees and reimbursement of expenses. (dcr) (Entered: 06/09/2003)

06/06/2003 365 DECLARATION of Mlevyn I Weiss, Martin D. Chitwood and Jay W. Eisnehoffer in support of Proposed Class Action Settelments and Petition for an award of Attorneys' fees and reimbursement of expenses. (dcr) (Entered: 06/09/2003)

06/06/2003 366 Compendium of Plaintiffs' Counsel's Affidavits in support of an award of attorneys' fees and reimbursement of expenses. (dcr) (Entered: 06/09/2003)

06/06/2003 367 Compendium of Plaintiffs' Counsel's Affidavits in support of an award of attorneys' fees and reimbursement of expenses. (dcr) (Entered: 06/09/2003)

06/12/2003 368 ORDER & FINAL JUDGMENT WITH RESPECT TO KPMG LLP: ... The Court having made its Findings of Fact and Conclusions of Law(see transcript), it is hereby Ordered that The Court has jurisdiction over the subject matter of the Action, the plntffs, All Classs Members, and KPMG...Witout furtehr order of the

Court, the aprties may agree to reasonable extensions of time to carry out any of the provisions of the Stipulation. There is no just reason for delay in the entry of this Order and Final Jgmnt and immediate entry by the Clerk of the COurt is expressly directed pursuant to Rule 54 if the FRCP. So Ordered: ( signed by Judge Charles L. Brieant ); Copies sent by Clerk's office (pf) (Entered: 06/12/2003)

06/12/2003 369 ORDER & FINAL JUDGMENT WITH RESPECT TO OXFORD AND THE INDIVIDUAL DFTS: ...The Court having made its findings of fact and conclusions of law(see transcript), ....it is hereby Ordered that the Court has jurisdiction over the subject matter of the Action, the plntffs, all Class Members and the Oxford Dfts...Exclusive jurisdiction is hereby retained over the parties and the CLass Members for all matters relating to this Action, including the administration, interpretation, effectuation or enforcement of the Stipulation and this Order and Final Jgmnt, and including any application for fees and expenses incurred in connection with administering and distributing the settlement proceeds to the members of the Class. Without further order of the Court, the parties may agree to reasonable extensions of time to carry out any provisions of the Stipulation. There is no just reason for the delay in the entry of this order and final jgmnt and immediate entry by the CLerk of the Court is expressly directed pursuant to Rule 54(b) of the FRCP. So Ordered: . ( signed by Judge Charles L. Brieant ); COpies sent by Clerk's Office (pf) (Entered: 06/12/2003)

06/12/2003 370 STIPULATION and ORDER: ...Now tehrefore, it is hereby Stipulated and Agreed, by and between the undersigned, that at the request of Oxford, plntffs in the State Derivitive Action will move, in the Supreme COurt of the State of NY, County of Westchester, to discontinue the State Derivitive Action following the Effective Date as that date is defined in the Stip and Agreements of Settlement in the CLass Action; In light of the role of the Derivitive Plntffs' Co-Lead Counsel played in the securing KPMG's Settlement Amount in the Class Action Settlement, KPMG & Oxford will not object to a fee application by the Derivitive Plntffs' Co-Lead Counsel to this Court for an award of attys' fees not to exceed $1,500.00, plus reimbursement of out-og-pocket expenses not to exceed $50,000; KPMG will pay up to $1,500,000 in atty fees and $50,000.00 in out-of-pocket expenses to the Derivitive Plntffs' Co-Lead Counsel if awarded by the Court, subject to the approval of the discontinuance of the State Derivitive Action by the Supreme Court of the State of NY; KPMG & Oxford have agreed to exchange broad-form mutual releases as set forth in paragraph 26 of the Stip and Agreements of Settlement in the Class Action. Subject to the approval of the Court and the Supreme Court of the State of NY, notice of the mtoion by plntffs to move to discontinue the State Derivitive Action, at Oxford's request, shall be provided together with notice of the Class Action Settlement to the class members in the Class Action, as well as to the current shareholders of Oxford common stock. All additional costs associated with providing notice to the current shareholders of Oxford common stock, who are not class members in the Class Action, shall be paid by KPMG. So Ordered:(signed by Judge Charles L. Brieant ) Copies sent by Clerk's Office (pf) (Entered: 06/12/2003)

06/12/2003 371 Letter filed addressed to USDJ Brieant from Howard T. Longman, dated 6/10/03, re: ...in connection with the proposed settlement of this action and the settlement hearing scheduled to take place before this court on 6/11/03 at 2:15 p.m..... (pf) (Entered: 06/12/2003)

06/12/2003 Case closed. (pf) (Entered: 06/16/2003)

06/13/2003 376 Memorandum to Docket Clerk:6/11/03. Court Reporter: Albi Gorn. Fainess hearing held and concluded. See transcript fo the Court's Findings of Fact and Conclusions of Law. Decision reserved. Objectant, Mr. David Koch, having filed an Objection on may 2, 2003, [Doc #36] having filed to appear at this hearing, the Court Orderes the Objections dismissed with prejudice and without costs. So Ordered. Judge Charles L. Brieant. Submitted by Alice Cama, Deputy. . clk/m/cpys. (sv) (Entered: 06/18/2003)

06/18/2003 377 Letter filed addressed to USDJ Brieant from Howard Longman, dated 6/16/03, re: ...loadstar multiplier...I am pleased to advise the Court that we have reached agreement with co-lead counsel on this issue and I hereby withdraw the application. .... (pf) (Entered: 06/18/2003)

07/30/2003 378 Transcript of record of proceedings before Judge Charles L. Brieant for the date(s) of June 11, 2003. (dcr) (Entered: 08/04/2003)

09/17/2003 379 Letter filed addressed to USDJ Brieant from Martin Chitwood, dated 8/28/03, re: ...in response to Arthur Abbey's letter dated 8/20/03, concerning his firm's allocated share of the attys' fees awarded by the Court in this case.... (pf) (Entered: 09/30/2003)

08/13/2004 380 MOTION for Distribution of Class Settlement Funds. Document filed by ALL PLAINTIFFS. (pf, ) (Entered: 08/17/2004)

08/13/2004 381 Brief in Support re: 380 MOTION for Disbursement of Funds.. Document filed by ALL PLAINTIFFS. (pf, ) (Entered: 08/17/2004)

08/13/2004 382 AFFIDAVIT of George Bauer III in Support re: 380 MOTION for Disbursement of Funds.. Document filed by ALL PLAINTIFFS. (pf, ) (Entered: 08/17/2004)

08/13/2004 383 AFFIDAVIT of Shandarese Garr in Support re: 380 MOTION for Disbursement of Funds.. Document filed by ALL PLAINTIFFS. (pf, ) (Entered: 08/17/2004)

09/10/2004 384 ORDER...granting 380 Motion for Disbursement of Funds... So Ordered. (Signed by Judge Charles L. Brieant on 09/10/04) Copies mailed to lead counsel with directions to serve by chambers..(fk, ) (Entered: 09/13/2004)

09/14/2004 385 LETTER addressed to Judge Charles L. Brieant from Robert Martinoff dated 08/29/04 re: Settlement.. (fk, ) (Entered: 09/21/2004)

05/26/2006 Minute Entryfor proceedings held before Judge Charles L. Brieant : Documents unsealed. Sealed documents 41, 95, 133, 134, 138, 141, 152, 172, 182, 184, 186, 200, 211, ordered unsealed and placed with the public record in this court. So Ordered Brieant, J. Submitted by Frank Cangelosi, Courtroom Deputy. (jma, ) (Entered: 05/31/2006)

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