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US District Court Civil Docket as of 01/06/2005 Retrieved from the court on Thursday, January 20, 2005

US District Court for the Eastern District of New York

1:01cv3285 Yates v. Luxottica Group SP, et al

Date Filed: 05/22/2001 Assigned To: Senior-Judge Jack B WeinsteinReferred To: Magistrate Marilyn Dolan GO

Nature of suit: Securities (850) Cause: Securities Exchange Act

Lead Docket: 1:01-cv-03285-JBW-MDG Other Docket: None

Jurisdiction: Federal Question

Class Code: MAG Closed: No Statute: 15:78m(a)

Jury Demand: Plaintiff Demand Amount: $0

Litigants Attorneys

Barbara L Yates on Behalf of Herself and All Others Similarly Situated PLAINTIFF

Barbara L Yates [COR LD NTC] Pro Se James W Johnson [COR LD NTC] [Term: 12/02/2004] Goodkind, Labaton, Rudoff & Sucharow, LLP 100 Park Avenue New York , NY 10017 USA (212) 907-0859 Fax: 212-818-0477 Email: [email protected]

Greenway Partners PLAINTIFF

David Jonathan Goldsmith [COR LD NTC] [Term: 12/02/2004] Goodkind Labaton Rudoff & Sucharow, LLP 100 Park Avenue New York , NY 10017-5563 USA 212-907-0879 Fax: 212-818-0477 Email: [email protected]

James W Johnson [COR LD NTC] [Term: 12/02/2004] Goodkind, Labaton, Rudoff & Sucharow, LLP 100 Park Avenue New York , NY 10017 USA (212) 907-0859 Fax: 212-818-0477 Email: [email protected] Jonathan M Plasse [COR LD NTC] [Term: 12/02/2004] Goodkind, Labaton, Rudoff & Sucharow, LLP 100 Park Avenue New York , NY 10017 USA (212) 907-0863 Fax: 212-883-7590 Email: [email protected] Louis Gottlieb [COR LD NTC] [Term: 12/02/2004] Goodkind Labaton Rudoff & Sucharow LLP 100 Park Avenue 12TH Flr New York , NY 10017-5563 USA 212-907-0872 Fax: 212-883-7590 Email: [email protected] David Lloyd Wales [COR LD NTC] Wolf Haldenstein Adler Freeman & Herz LLP 270 Madison Avenue New York , NY 10016 USA 212-545-4788 Fax: 212-545-4758 Email: [email protected]

v.

Luxottica Group Spa DEFENDANT

Anthony Disarro [COR LD NTC]

Winston & Strawn 200 Park Avenue New York , NY 10166 USA (212) 294-6700 Joseph Dibenedetto [COR LD NTC] Law Offices of Joseph R Benfante 225 Broadway, Suite 2700 New York , NY 10007 USA (212) 227-4700 Fax: 212-406-6890 Email: [email protected] Phillip M Smith [COR LD NTC] Winston & Strawn LLP 200 Park Avenue New York , NY 10166 USA 212 294-2633 Fax: 212-294-4700 Email: [email protected] Eric M Nelson [COR LD NTC] Winston & Strawn LLP 200 Park Avenue New York , NY 10166 USA 212-294-6700 Email: [email protected] Michael Joseph Friedman [COR LD NTC] Winston & Strawn LLP 200 Park Avenue New York , NY 10166 USA 212-351-3000 Fax: 212-294-4700 Email: [email protected] William A Kapell [COR LD NTC] Winston & Strawn 200 Park Avenue New York , NY 10166

USA (212) 294-6700 Fax: 212-294-4700 Email: [email protected]

Shade Acquisition Corp DEFENDANT

Joseph Dibenedetto [COR LD NTC] Law Offices of Joseph R Benfante 225 Broadway, Suite 2700 New York , NY 10007 USA (212) 227-4700 Fax: 212-406-6890 Email: [email protected] Anthony Disarro [COR LD NTC] Winston & Strawn 200 Park Avenue New York , NY 10166 USA (212) 294-6700 Eric M Nelson [COR LD NTC] Winston & Strawn LLP 200 Park Avenue New York , NY 10166 USA 212-294-6700 Email: [email protected] Michael Joseph Friedman [COR LD NTC] Winston & Strawn LLP 200 Park Avenue New York , NY 10166 USA 212-351-3000 Fax: 212-294-4700 Email: [email protected] Phillip M Smith [COR LD NTC] Winston & Strawn LLP 200 Park Avenue New York , NY 10166 USA 212 294-2633 Fax: 212-294-4700

Email: [email protected] William A Kapell [COR LD NTC] Winston & Strawn 200 Park Avenue New York , NY 10166 USA (212) 294-6700 Fax: 212-294-4700 Email: [email protected]

Leonardo Del Vecchio DEFENDANT

Eric M Nelson [COR LD NTC] Winston & Strawn LLP 200 Park Avenue New York , NY 10166 USA 212-294-6700 Email: [email protected] Joseph Dibenedetto [COR LD NTC] Law Offices of Joseph R Benfante 225 Broadway, Suite 2700 New York , NY 10007 USA (212) 227-4700 Fax: 212-406-6890 Email: [email protected] William A Kapell [COR LD NTC] Winston & Strawn 200 Park Avenue New York , NY 10166 USA (212) 294-6700 Fax: 212-294-4700 Email: [email protected]

James N Hauslein DEFENDANT

Bruce E Fader [COR LD NTC] Proskauer Rose, LLP 1585 Broadway New York , NY 10036 USA (212) 969-3015 Email: [email protected]

Gregg M Mashberg [COR LD NTC] Norman Kaplan 111 Great Neck Road Great Neck , NY 11021 USA (212) 969-3450 Fax: 212-969-2900 Email: [email protected] Michael D Torpey [COR LD NTC] [Term: 02/10/2004] Clifford Chance US LLP One Market Plaza Steuart Tower San Francisco , CA 94105 USA 415-778-4710 Stefanie S Kraus [COR LD NTC] Proskauer Rose, LLP 1585 Broadway Suite 18-26 New York , NY 10025 USA 212-969-3306 Email: [email protected]

Rohit M Desai DEFENDANT

Michael D Torpey [COR LD NTC] Clifford Chance US LLP One Market Plaza Steuart Tower San Francisco , CA 94105 USA 415-778-4710 Joseph Dibenedetto [COR LD NTC] Law Offices of Joseph R Benfante 225 Broadway, Suite 2700 New York , NY 10007 USA (212) 227-4700 Fax: 212-406-6890 Email: [email protected]

Kenneth P Herzinger [COR LD NTC] Clifford Chance US LLP One Market - Steuart Tower Suite 800 San Francisco , CA 94105 USA 415-778-4700 Fax: 415-778-4701 Email: [email protected]

John H Duerden DEFENDANT

Michael D Torpey [COR LD NTC] Clifford Chance US LLP One Market Plaza Steuart Tower San Francisco , CA 94105 USA 415-778-4710 Joseph Dibenedetto [COR LD NTC] Law Offices of Joseph R Benfante 225 Broadway, Suite 2700 New York , NY 10007 USA (212) 227-4700 Fax: 212-406-6890 Email: [email protected] Kenneth P Herzinger [COR LD NTC] Clifford Chance US LLP One Market - Steuart Tower Suite 800 San Francisco , CA 94105 USA 415-778-4700 Fax: 415-778-4701 Email: [email protected]

Robert C Grayson DEFENDANT

Michael D Torpey [COR LD NTC] Clifford Chance US LLP One Market Plaza Steuart Tower San Francisco , CA 94105 USA 415-778-4710

Joseph Dibenedetto [COR LD NTC] Law Offices of Joseph R Benfante 225 Broadway, Suite 2700 New York , NY 10007 USA (212) 227-4700 Fax: 212-406-6890 Email: [email protected] Kenneth P Herzinger [COR LD NTC] Clifford Chance US LLP One Market - Steuart Tower Suite 800 San Francisco , CA 94105 USA 415-778-4700 Fax: 415-778-4701 Email: [email protected]

Michael McCadden DEFENDANT

Michael D Torpey [COR LD NTC] Clifford Chance US LLP One Market Plaza Steuart Tower San Francisco , CA 94105 USA 415-778-4710 Joseph Dibenedetto [COR LD NTC] Law Offices of Joseph R Benfante 225 Broadway, Suite 2700 New York , NY 10007 USA (212) 227-4700 Fax: 212-406-6890 Email: [email protected] Kenneth P Herzinger [COR LD NTC] Clifford Chance US LLP One Market - Steuart Tower Suite 800 San Francisco , CA 94105 USA 415-778-4700 Fax: 415-778-4701

Email: [email protected]

William E Phillips DEFENDANT

Michael D Torpey [COR LD NTC] Clifford Chance LLP One Market Plaza Steuart Tower San Francisco , CA 94105 USA 415-778-4710 Joseph Dibenedetto [COR LD NTC] Law Offices of Joseph R Benfante 225 Broadway, Suite 2700 New York , NY 10007 USA (212) 227-4700 Fax: 212-406-6890 Email: [email protected] Kenneth P Herzinger [COR LD NTC] Clifford Chance US LLP One Market - Steuart Tower Suite 800 San Francisco , CA 94105 USA 415-778-4700 Fax: 415-778-4701 Email: [email protected]

Date # Proceeding Text 5/22/2001 1 COMPLAINT filed and summons(es) issued for Luxottica Group S.p., Shade Acquisition Co

FILING FEE $ 150.00 RECEIPT # 247000 (Bowens, Priscilla) (Entered: 05/23/2001) 5/22/2001 -- CASE REFERRED to Magistrate Marilyn D. Go (Bowens, Priscilla) (Entered: 05/23/2001) 5/22/2001 2 Disclosure of interested parties by Barbara L. Yates (Bowens, Priscilla) (Entered: 05/23/2001)6/20/2001 3 RETURN OF SERVICE executed as to Shade Acquisition Co 5/25/01. (Lee, Tiffeny)

(Entered: 06/20/2001) 6/20/2001 4 RETURN OF SERVICE executed as to Luxottica Group S.p. 6/14/01. (Lee, Tiffeny)

(Entered: 06/20/2001) 7/17/2001 5 STIPULATION and ORDER, the time for dfts to answer the amended complaint is extended

to and including 15 days after a decision has been filed by the district court determining the issue of lead plaintiff. The parties are to file their submissions regarding lead plaintiff on or before 8/1/01. The matter is referred to Mag. Go for prompt resolution. ( signed by Judge Reena Raggi , on 7/11/01) c/m (forwarded to Mag. Go along with docket sheet) (Piper, Francine) (Entered: 07/17/2001)

8/1/2001 14 MOTION by Greenway Partners for consolidation of related actions, Appointment as Lead Plaintiff and Approval of its Selection of Lead Counsel Motion hearing [14-1] motion (also docketed in 01 cv 4049 and 01 cv 4107) (document filed only in this action) (Piper, Francine) (Entered: 09/19/2001)

8/1/2001 15 MEMORANDUM OF LAW by Greenway Partners in support of [14-1] motion for consolidation of related actions, Appointment as Lead Plaintiff and Approval of its Selection of Lead Counsel. (also docketed in 01 cv 4049 and 01 cv 4107) (Piper, Francine) (Entered: 09/19/2001)

8/6/2001 6 LETTER dated 8/1/01 from Jonathan M. Plasse to Mag. Go, Greenway Partners request oral argument on the motion for inter alia, designating it as lead pltff. (Piper, Francine) (Entered: 08/06/2001)

8/6/2001 -- Endorsed order on letter document #6, a hearing will be held on 8/13/01 at 2:00. All responsive papers must be served and filed by 8/8/01. ( Signed by Magistrate Marilyn D. Go , on 8/2/01) (Piper, Francine) (Entered: 08/06/2001)

8/7/2001 16 MEMORANDUM OF LAW of Movant Glazer Capital Management, L.P. in support of its Motion for Appointment as Co-Lead Plaintiff and its counsel as Co-Lead Counsel or, Alternatively, for its Appointment as Lead Plaintiff for its uniquely-Asserted State Law Claims. (also docketed in 01 CV 4049 and 01 cv 4107) (Piper, Francine) (Entered: 09/19/2001)

8/7/2001 17 AFFIDAVIT of Laurence D. Paskowitz Re: In support of Motion by Glazer Capital Management, L.P. for Appointment as Co-Lead Plaintiff and its Counsel as Co-Lead Counsel or, Alternatively, for its Appointment as Lead Plaintiff for its Uniquely-Asserted State Law Claims. (also docketed in 01 CV 4049 and 01 CV 4107) (Piper, Francine) (Entered: 09/19/2001)

8/10/2001 7 LETTER dated 8/7/01 from David J. Goldsmith to Mag. Go, requesting an adjournment of the hearing date for motions for consolidation and appointment of lead plaintiff and lead counsel, and the setting of a briefing schedule for such motions. (Piper, Francine) (Entered: 08/10/2001)

8/10/2001 -- Endorsed order on letter document #7, while this court does not agree with the parties assumption that the 90 day time limit in the private securities litigation reform act serves to extend the 8/1/01 deadline set by Judge Raggi, the request for an adjournment is granted as follows: Opposition papers are due 8/30/01 and reply papers are due 9/6/01. The hearing will be held 9/13/01 at 2:00. ( Signed by Magistrate Marilyn D. Go , on 8/8/01) (Piper, Francine) (Entered: 08/10/2001)

8/21/2001 8 ORDER, dft's Luxottica Group, S.p.A. and Shade Acquisition Corp. application seeking disclosure of the in camera submission of pltff Glazer Capital Management submitted in support of its motion to serve as co-lead pltff in this and other related actions is denied. ( signed by Magistrate Marilyn D. Go , on 8/17/01) (Piper, Francine) (Entered: 08/21/2001)

8/30/2001 9 MEMORANDUM of Greenway Partners in opposition to the Motion by Glazer Capital Management to be appointed as Co-Lead Pltff or to be appointed as lead plaintiff for state-law claims and to appoint its counsel as co-lead counsel. (Piper, Francine) (Entered: 09/13/2001)

9/17/2001 10 LETTER dated 9/14/01 from Jonathan M. Plasse to Mag. Go, confirming that the hearing previously scheduled for 9/13/01 has been rescheduled for 9/17/01 at 11:00. (Piper, Francine) (Entered: 09/17/2001)

9/17/2001 19 Calendar entry: Before Mag. Go on 9/17/01 for a Motion Hearing. There being no opposition, the court granted the motion to consolidate. The court noted that the opposition filed to the motion of Greenway Partners for appointment as lead plaintiff had been withdrawn. No other opposition having been received and the court finding that the proposed lead plaintiff satisfies the requirments in 15 U.S.C. 78u-4 as the "most adequate plaintiff," the motion is granted. The court also approves Greenway's selection of Goodkind Labaton Rudoff & Sucharow LLP as lead counsel. Pltffs must submit a proposed order by 9/21/01. Pltffs are granted leave to file an amended consolidated complaint by 11/1/01. Dft's motion to dismiss must be served by 12/1/01. Opposing papers are due 12/27/01 and any reply by 1/11/02. Notwithstanding dft's intention to move to dismiss, pltffs are given leave to serve subpoenas on non-parties in order to insure preservation of documents pending determination of the motion to dismiss. All proposed subpoenas must be served on counsel for dfts at least five days before service on the recipients. Tape # 01/1027-2035. (also docketed in 01 cv 4049 and 01 cv 4107) (Piper, Francine) (Entered: 09/19/2001)

9/18/2001 21 LETTER dated 9/13/01 Scott E. Poyner, advising the court that the law firm of Cauley & Geller, LLP has changed its name to Cauley Geller Bowman & Coates, LLP and also advising the court of the new addresses. (Piper, Francine) (Entered: 09/24/2001)

9/19/2001 11 LETTER dated 9/6/01 from Laurence Paskowitz to Mag. Go, advising that Glazer Capital withdraws their motion for appointment as co-lead pltff, and supports the motion of Greenway to be appointed as sole lead plaintiff for the class. (Piper, Francine) (Entered: 09/19/2001)

9/19/2001 12 LETTER dated 8/14/01 from Laurence Paskowitz to Mag. Go, dft's request for access to Glazer Capital's in camera submission should be denied in its entirety. (Piper, Francine) (Entered: 09/19/2001)

9/19/2001 13 LETTER dated 8/10/01 from Anthony Disarro to Mag. Go, requesting that the court direct Glazer Capital Management, L.P. to serve a copy of the in camera submissions on dfts. (Piper, Francine) (Entered: 09/19/2001)

9/19/2001 18 MEMORANDUM of Greenway Partners in opposition to the Motion by Glazer Capital Management to be appointed as Co-Lead Plaintiff or to be Appointed as Lead Plaintiff for State-Law Claims and to Appoint its Counsel as Co-Lead Counsel. (also docketed in 01 CV 4049 and 01 cv 4107) (Piper, Francine) (Entered: 09/19/2001)

9/19/2001 20 ORDER, the following three actions are consolidated for all purposes: 01 cv 3285, 01 cv 4049 and 01 cv 4107. The Clerk of the Court is directed to close 01 cv 4049 and 01 cv 4107. All documents shall be under docket number 01 cv 3285. ( signed by Magistrate Marilyn D. Go , on 9/17/01) (Piper, Francine) (Entered: 09/19/2001)

9/20/2001 -- Consolidated Lead Case (Piper, Francine) (Entered: 09/20/2001) 10/1/2001 22 ORDER, Greenway Partners, L.P. is appointed as sole lead plaintiff. Goodkind Labaton

Rudoff & Sucharow LLP is appointed as sole lead counsel for the class in this action. ( signed by Magistrate Marilyn D. Go , on 9/25/01) (Piper, Francine) (Entered: 10/01/2001)

10/25/2001 23 AFFIDAVIT OF SERVICE by Arthur Hertz Re: Subpoena Duces Tecum upon Hauslein & Company Inc. and James N. Hauslein on 10/8/01 (Piper, Francine) (Entered: 10/31/2001)

10/25/2001 23 AFFIDAVIT OF SERVICE by Juan Pereira Re: Subpoena Duces Tecum upon Rothchild Inc. and Morgan Stanley Dean Witter & Co on 10/3/01. (Piper, Francine) (Entered: 10/31/2001)

11/1/2001 27 AMENDED CONSOLIDATED CLASS ACTION COMPLAINT by Barbara L. Yates in 1:01-cv-03285, Greenway Partners in 1:01-cv-03285 , amending [1-1] complaint against James N. Hauslein, Rohit M. Desai, John Duerden, Robert C. Grayson, Michael McCadden, William E. Phillips to case(s) 1:01-cv-03285, (Piper, Francine) (Entered: 01/23/2002)

12/3/2001 24 STIPULATION and ORDER, dft's Luxottica Group S.p.A. Shade Acquisition Corp. and Leonardo Del Vecchio shall have until 1/15/02 to answer the amended consolidated class action complaint. ( signed by Judge Reena Raggi , on 11/28/01) c/m (Piper, Francine) (Entered: 12/03/2001)

12/11/2001 25 STIPULATION and ORDER 1. Brobeck, Phleger & Harrison LLP hereby accepts service of the Amended Consolidated Class Action Complaint on behalf of defts Hauslein, Desai, Duerden, Grayson, McCadden and Phillips. Defts do not waive and expressly reserve the right to asser any objection or defense to venue in or the personal jurisdiction of this court. 2. Defts. deadline to move, answer or otherwise respond to the Amended Consolidated Class Action Complaint in this matter is hereby extended to and including 1/15/02. ( signed/unsigned by Magistrate Marilyn D. Go , on 12/5/01). (Greene, Donna) (Entered: 12/11/2001)

12/11/2001 28 MOTION by James N. Hauslein, Rohit M. Desai, John H. Duerden, Robert C. Grayson, Michael McCadden, William E. Phillips for Michael D. Torpey to appear pro hac vice Fee #: 25.00 Receipt #: 255246 , Motion hearing [28-1] motion (Piper, Francine) (Entered: 01/25/2002)

12/11/2001 29 Declaration of Nicole M. Hunn Re: In support of [28-1] motion for Michael D. Torpey to appear pro hac vice Fee #: 25.00 Receipt #: 255246 (Piper, Francine) (Entered: 01/25/2002)

1/23/2002 26 LETTER dated 1/18/02 from Jonathan M. Plasse to Judge Raggi, enclosing a copy of the lead plff's amended consolidated which was filed with the court on 11/1/01. (Piper, Francine) (Entered: 01/23/2002)

1/25/2002 30 ORDER, granting [28-1] motion for Michael D. Torpey to appear pro hac vice Fee #: 25.00 Receipt #: 255246. ( signed by Judge Reena Raggi , on 12/27/01) c/m (Piper, Francine) (Entered: 01/25/2002)

1/30/2002 31 ORDER that court hereby approves the following briefing schedule for these motions, which were served on 1/15/02: 1. the pltfs. shall serve their motion papers on or before 3/8/03; and 2. the defts. shall serve their reply papers, if any, on or before 4/12/02. Oral argument on these motions will be held on 5/10/02 at 2:00. ( signed by Judge Reena Raggi , on 1/29/02). c/m (Greene, Donna) (Entered: 02/04/2002)

2/5/2002 32 LETTER dated 1/23/02 from Anthony Disarro to Judge Raggi, advising the court of the agreed upon schedule for briefing on dft's motion to dismiss. Pltff's opposition 3/8/02; Dft's reply by 4/12/02. (Piper, Francine) (Entered: 02/05/2002)

2/5/2002 33 LETTER dated 1/15/02 from Nicole M. Hunn to Counsel, enclosing (1) Notice of the Director dft's motion to dismiss the amended consolidated class action complaint (2) (2) Declaration of Nicole M. Hunn in support of director dfts motion to dismiss (3) memorandum of law of director dfts in support of their motion to dismiss. (Piper, Francine) (Entered: 02/05/2002)

2/5/2002 34 LETTER dated 1/15/02 from Gregg M. Mashberg to Jonathan M. Plasse, enclosing copies of Hauslein motion and memorandum of law in support of motion to dismiss. (Piper, Francine) (Entered: 02/05/2002)

2/5/2002 35 LETTER dated 1/15/02 from Christoph Heisenberg to Counsel, enclosing on behalf of dfts Luxottica, Shade Acquisition and Leonardo Del Vecchio (1) motion to dismiss amended complaint. (2) declaration of anthony disarro in support of motion to dismiss (3) luxottica dfts memorandum of law in support of motion to dismiss. (Piper, Francine) (Entered: 02/05/2002)

2/20/2002 36 ORDER, granting plt's request to adjourn oral argument to 05.17.02 @ 2pm . (signed by Judge Reena Raggi, undated). C/M by Chambers. (Noh, Kenneth) (Entered: 02/22/2002)

3/1/2002 37 LETTER dated 2.11.2 from David J. Goldsmith to Ms. Sheila Kane requeting that the court reschedule oral argument on dfts' motion to dismiss to 5.17.2. (Noh, Kenneth) (Entered: 03/01/2002)

3/13/2002 38 LETTER dated 3/8/02 from David J. Goldsmith to Counsel, enclosing pltfs. motion to dismiss and affidavit of Louis Gottlieb. (Gonzalez, Mary) (Entered: 03/13/2002)

4/12/2002 45 MOTION by James N. Hauslein to dismiss the third cause of action of pltff's consolidated and amended class action complaint . Motion hearing [45-1] motion (Piper, Francine) (Entered: 04/19/2002)

4/12/2002 46 MEMORANDUM OF LAW by James N. Hauslein in 1:01-cv-03285 in support of [45-1] motion to dismiss the third cause of action of pltff's consolidated and amended class action complaint (Piper, Francine) (Entered: 04/19/2002)

4/12/2002 47 MOTION by James N. Hauslein in 1:01-cv-03285, Rohit M. Desai in 1:01-cv-03285, John H. Duerden in 1:01-cv-03285, Robert C. Grayson in 1:01-cv-03285, Michael McCadden in 1:01-cv-03285, William E. Phillips in 1:01-cv-03285 to dismiss the complaint , Motion hearing [47-1] motion (Piper, Francine) (Entered: 04/19/2002)

4/12/2002 48 REPLY MEMORANDUM OF LAW by James N. Hauslein in 1:01-cv-03285 in support of [45-1] motion to dismiss the third cause of action of pltff's consolidated and amended class action complaint (Piper, Francine) (Entered: 04/19/2002)

4/12/2002 49 MEMORANDUM OF LAW Sunglass Hut Directors in support of motion to dismiss the amended complaint (Piper, Francine) (Entered: 04/19/2002)

4/12/2002 50 REPLY MEMORANDUM OF LAW by Sunglass Hut Directors (Piper, Francine) (Entered: 04/19/2002)

4/15/2002 39 MOTION by Luxottica Group S.p., Shade Acquisition Co, Leonardo Del Vechhio to dismiss the amended consolidated class action complaint . Motion hearing [39-1]. motion and (Piper, Francine) (Entered: 04/17/2002)

4/15/2002 40 MEMORANDUM by Luxottica Group S.p., Shade Acquisition Co, and Leonard DelVecchio in support of [39-1] motion to dismiss the amended consolidated class action complaint. (Chee, Alvin) (Entered: 04/17/2002)

4/15/2002 41 AFFIDAVIT by Anthony Disarro, atty for Luxottica Group, Shade Acquisition and Leonardo Del Vecchio, in support of [39-1] motion to dismiss the amended consolidated class action complaint. (Chee, Alvin) (Entered: 04/17/2002)

4/15/2002 42 MEMORANDUM by Lead Plaintiff Greenway Partners in opposition to [39-1] motion to dismiss the amended consolidated class action complaint. (Chee, Alvin) (Entered: 04/17/2002)

4/15/2002 43 AFFIDAVIT by Louis Gottlieb, atty for Greenway Partners, LLP, in opposition to [39-1] motion to dismiss the amended consolidated class action complaint. (Chee, Alvin) (Entered: 04/17/2002)

4/15/2002 44 REPLY MEMORANDUM OF LAW by Luxottica Group S.p. Shade Acquisition Co, Leonardo Del Vecchio in further support of [39-1] motion to dismiss the amended consolidated class action complaint. (Chee, Alvin) (Entered: 04/17/2002)

5/9/2002 51 ORDER, the court adjourns oral argument on dft's motion to dismiss from 5/17/02 to 6/21/02 at 2:00. ( signed by Judge Reena Raggi , on 5/6/02) c/m (Piper, Francine) (Entered: 05/09/2002)

6/11/2002 52 Disclosure of interested parties by Luxottica Group S.p. in 1:01-cv-03285, Shade Acquisition Co in 1:01-cv-03285, Sunglass Hut International Inc. and Leonardo Del Vecchio. (Piper, Francine) (Entered: 06/24/2002)

6/21/2002 53 Calendar entry: Before Judge Raggi on 6/21/02. Case called. Counsel for both sides present. Conference held. Oral argument heard on Luxottica defts. motion to dismiss. Decision reserved. Decision reserved on director defts. and deft. Hauslein's motons to dismiss state law claims pending resolution of federal claims. (Greene, Donna) (Entered: 06/26/2002)

7/1/2002 54 LETTER dated 7/1/02 from Anthony DiSarro to Judge Raggi, discussing the legal authority on the question as to whether a pltff can maintain a claim under Section 10(b) of the SecuritiesExchange Act of 1934, 15 USC 78j and Rule 10b-5 promulgated thereunder. (Piper, Francine) (Entered: 07/08/2002)

7/30/2002 55 LETTER dated 07/18/02 from Jonathan M. Plasse to Hon. Reena Raggi: Submitting letter in response to the Court's invitation to submit additional authority. Also in response to defendants' letter submission of July 1, 2002 on this topic. (Lee, Stephen) (Entered: 07/30/2002)

8/14/2002 56 LETTER dated 7/23/02 from Anthony DiSarro, Esq. to Hon. Reena Raggi responding to the 7/18/02 letter of Jonathan M. Plasse concerning statements made in Court during oral arguments. (Delions, Aaron) (Entered: 08/14/2002)

9/25/2002 57 LETTER dated 9/10/02 from Anthony DiSarro, Esq. to Hon. Reena Raggi informing the Court of a recent decision by the US Court of Appeals concerning the Best Price Rule. (Chee, Alvin) (Entered: 09/25/2002)

12/17/2002 -- CASE reassigned to Judge John Gleeson from Judge Raggi. (Villanueva, William) (Entered: 12/17/2002)

12/18/2002 -- CASE reassigned to Judge Nina Gershon. (Villanueva, William) (Entered: 12/18/2002) 2/10/2003 58 LETTER dated 2/3/03 from Jonathan Gaskin to Jennifer Baclini, notifying the court of atty

Michael Torpey's new office and contact information. Changes noted. (Fahey, Lauren) (Entered: 02/10/2003)

2/25/2003 59 LETTER dated 2/19/03 from Jonathan M. Plasse to Judge Gershon on behalf of lead plaintiff Greenway Partners, L.P. in response to letter dated 1/17/03 by counsel for defendants re: whether plaintiffs can establish transaction causation with respect to their claim under Section 10 of the Securities Exchange Act of 1934. (Guzzi, Roseann) (Entered: 02/25/2003)

2/26/2003 60 LETTER dated 2/25/03 from Anthony DiSarro to Judge Gershon on behalf of Luxottica Defendants in response to Mr. Plasse's 2/19/03 letter concerning plaintiff's Section 10(b) claim. (Guzzi, Roseann) (Entered: 03/13/2003)

7/8/2003 61 Letter dtd 01/17/03 from Anthony DiSarro to Judge Gershon, informing Your Honor of certain post-briefing correspondence pertaining to the Luxottica Defendant's pending motion to dismiss. (received for docketing on 7/8/03). (Sica, Michele) (Entered: 07/08/2003)

7/8/2003 62 Letter dtd 07/01/03 from Jonathan M. Plasse to Judge Gershon, writing to indicate our willingness to come before the court for additional oral argument should the court find that it would be useful in clarifying any issues in this case. (Sica, Michele) (Entered: 07/08/2003)

12/4/2003 63 OPINION AND ORDER dated 11/26/03 that defendants' motions are granted in part and denied in part. Plainitffs have failed to state a claims pursuant to Section 10(b) of the Act and accordingly this claim is dimissed without leave to replead. Plaintiffs have stated claims for violations of the Williams Act and breach of fiduciary duty, and defendants' motions are denied as to these claims. ( Signed by Judge Nina Gershon on 11/26/03 ) * (Guzzi, Roseann) Modified on 12/9/2003 (Guzzi, Roseann). (Entered: 12/04/2003)

1/9/2004 64 STIPULATION dated 12/24/03 that the time for defendants to answer the amended consolidated class action complaint is extended to 1/19/04. ( Signed by Judge Nina Gershon on 12/24/03 )(Guzzi, Roseann) (Entered: 01/09/2004)

1/15/2004 65 ORDER dated 1/12/04 setting status conference on 1/30/04 at 11:30 before Magistrate Go. ( Signed by Judge Marilyn D. Go on 1/12/04 )(Guzzi, Roseann) (Entered: 01/15/2004)

1/20/2004 66 ANSWER to Complaint by Luxottica Group S.p.A., Shade Acquisition Corp.(Guzzi, Roseann) (Entered: 02/03/2004)

1/20/2004 67 ANSWER to Amended Consolidated Complaint by Rohit M. Desai, John H. Duerden, Robert C. Grayson, Michael McCadden, William E. Phillips.(Guzzi, Roseann) (Entered: 02/03/2004)

1/20/2004 68 ANSWER to amended consolidated class action Complaint by James N. Hauslein.(Guzzi, Roseann) (Entered: 02/03/2004)

1/30/2004 74 Minute Entry for proceedings held before Marilyn D. Go : Status Conference held on 1/30/2004. Counsel for all parties present. Schedule pursuant to Rule 16 (b) of the Federal Rules of Civil Procedure discussed. Seperate order to be issued. (Nieves, Adrian) (Entered: 02/24/2004)

1/30/2004 76 Minute Entry for proceedings held before Marilyn D. Go : Status Conference held on 1/30/2004. Counsel for all parties present. Schedule pursuant to Rule 16(b) of the Federal Rules of Civil Procedure discussed. Separate order to be issued. (Nieves, Adrian) (Entered: 02/25/2004)

2/3/2004 69 Letter dated 2/2/04 from Stefanie S. Kraus, Esq. to USMJ Go advising that dft, James N. Hauslein, is currently represented by Bruce E. Fader, Gregg M. Mashberg and Stefanie S. Kraus of Proskauer Rose, LLP, than by Clifford Chance as the docket reflects. (Nieves, Adrian) (Entered: 02/10/2004)

2/3/2004 -- ENDORSED ORDER: The docket sheet should be modified to reflect the current counsel for dft James N. Hauslein. Re: [69] letter. Signed by Judge Marilyn D. Go on 2/3/04. (Nieves, Adrian) (Entered: 02/10/2004)

2/11/2004 -- Case reassigned to Judge Jack B. Weinstein. Judge Nina Gershon no longer assigned to the case. Parties notified. (Bowens, Priscilla) (Entered: 02/18/2004)

2/13/2004 70 Letter dated 12/30/03 from Joseph DiBenedetto to Counsel on behalf of defendants Luxottica Group, S.p.A. and Shade Acquisition Corp. enclosing notice of motion for certification for interlocutory appeal of the Court's 11/26/03 order. (Guzzi, Roseann) (Entered: 02/13/2004)

2/17/2004 71 SCHEDULING ORDER: Automatic disclosures must be exchanged by 3/5/04. applications for leave to amend and/or join new parties must be served by n/a. Plts' motion for class certification must be served by 2/27/04. Opposition papers must be served by 4/30/04 and plts' reply must be served by 5/31/04. Depositions of the proposed class representatives must be completed by 4/23/04. Interrogatories shall not be served until 3/15/04 and depositions of dfts shall not be conducted until after 4/30/04. Each side is authorized to serve up to 35 interrogatories and conduct 20 depositions, seven of which may last up to 14 hours. Fact discovery must be completed by 12/31/04. As to any of expert to be retained, other than in rebuttal, plts must give notice by 1/10/05 of the general subject matter of the expert report and dfts must give such notice of their experts by 1/17/05. Plts must serve affirmative expert reports and disclosures by 1/31/05 and rebuttal reports and disclosures by 3/15/05. Dfts must serve expert reports and disclosures by 2/28/05. Expert discovery must be completed by 4/15/05. Pre-motion letter(s) must be submitted to USDJ Gershon by 1/15/05 and letter(s) in response must be served by 1/22/05. A courtesy copy must be sent to the magistrate judge. plts' opposing papers to dfts' pending motion must be served by 2/6/04 and dfts' reply by 2/20/04. The parties should call for a settlement conference or referral to mediation following disposition of dfts' motions. Signed by Judge Marilyn D. Go on 2/3/04. (Nieves, Adrian) (Entered: 02/17/2004)

2/20/2004 72 NOTICE of Hearing: Status Conference set for 3/10/2004 @ 10:30 AM before Senior-Judge Jack B. Weinstein (Signed by June P. Lowe, case manager, on 2/18/2004) C/M(Barrett, Charryse) (Entered: 02/20/2004)

2/23/2004 73 Letter dated 2/20/2004 from Anne K. Montminy to Sir or Madam enclosing the joinder by director defts Rohit M. Desai, John H. Duerden, Robert C. Grayson, Michael McCadden and William E. Phillips to defts Luxottica Group S.p.A.'s and Shade Acquisition Corp.'s Motion for Certification for Interlocutory Appeal pursuant to 28 USC 1292 (b). (w/o encl.)(Barrett, Charryse) (Entered: 02/24/2004)

2/23/2004 80 Notice of MOTION to modify this Court's 11/26/2003 order to include certification of that order for interlocutory appeal by Luxottica Group S.p.A., Shade Acquisition Corp. Motion hearing 3/10/2004 @ 10:30 a.m. (Barrett, Charryse) (Entered: 03/01/2004)

2/23/2004 81 MEMORANDUM in Support of the [80] MOTION for class certification of the 11/26/2003 order for interlocutory appeal pursuant to 28 USC 1292(b), filed by Luxottica Group S.p.A., Shade Acquisition Corp. (Barrett, Charryse) (Entered: 03/01/2004)

2/23/2004 82 Luxottica Defendants Compendium of unreported cases in support of [80] motion for certification of 11/26/2003 order for interlocutory appeal pursuant to 28 USC 1292 (b). (w/attached exhibits 1-6)(Barrett, Charryse) (Entered: 03/01/2004)

2/23/2004 83 MEMORANDUM in Opposition to the [80] MOTION for certification of the 11/26/2003 order for interlocutory appeal pursuant to 28 U.S.C. 1292 (b), filed by Greenway Partners. (Barrett, Charryse) (Entered: 03/01/2004)

2/23/2004 84 MEMORANDUM in Opposition to defts' [80] MOTION for certification of the 11/26/2003 order for interlocutory appeal, filed by Greenway Partners. (Barrett, Charryse) (Entered: 03/01/2004)

2/23/2004 85 LEAD Plaintiffs' memorandum of law in opposition to defts' [80] motion for certification of 11/26/2003 order for interlocutory appeal pursuant to 28 USC 1292 (b), filed by Greenway Partners. (w/attached exhibits 1-16) (Barrett, Charryse) (Entered: 03/01/2004)

2/23/2004 86 REPLY in Support of the [80] MOTION for certification of the 11/26/2003 order for interlocutory appeal pursuant to 28 USC 1292 (b), filed by Luxottica Group S.p.A., Shade Acquisition Corp. (Barrett, Charryse) (Entered: 03/01/2004)

2/24/2004 -- ORDER: The parties are advised that this case has been reassigned to the Honorable Jack B. Weinstein. Paragraph 12 of the Scheduling Order is vacated. The parties should discuss and submit a proposed schedule for dispositive motions. The parties are further advised that Judge Weinstein requires parties to participate in electronic case filing(" ECF") All counsel of record should register for ECF or file objections to ECF by March 9, 2004.Signed by Judge Marilyn D. Go on 02/24/04. (DeVeaux, Yvonne) (Entered: 02/24/2004)

2/25/2004 75 DIRECTOR DEFENDANT'S Joinder in Luxottica Defts' motion for certification of 11/26/2003 order for interlocutory appeal pursuant to 28 U.S.C. 1292(b), filed by Rohit M. Desai, John H. Duerden, Robert C. Grayson, Michael McCadden, William E. Phillips. (Barrett, Charryse) (Entered: 02/25/2004)

2/27/2004 77 Notice of MOTION to Certify Class action; appointing Greenway and Pltffs Glazer Capital Management, L.P., and Barbara Yates to serve as class representatives; and appointing Goodkind Labaton Rudoff & Sucharow LLP, lead counsel for Greenway, to also serve as class counsel, by Greenway Partners. (Barrett, Charryse) (Entered: 03/01/2004)

2/27/2004 78 MEMORANDUM of law in Support of the [77] MOTION for class certification, filed by Greenway Partners. (Barrett, Charryse) (Entered: 03/01/2004)

2/27/2004 79 AFFIDAVIT of Jonathan M. Plasse in support of the [77] MOTION of Lead Plaintiff Greenway Partners, L.P. for Class Certification. (w/attached exhibit A-C)(Barrett, Charryse) (Entered: 03/01/2004)

3/9/2004 87 STIPULATED Protective Order to facilitate the disclosure of documents and information during the course of these proceedings and to protect trade secrets and other confidential and proprietary information not in the public domain. Signed by Judge Jack B. Weinstein, on 2/25/2004. (Barrett, Charryse) (Entered: 03/09/2004)

3/9/2004 88 Letter dated 3/4/2004 from Joseph DiBenedetto to USDJ Weinstein in response to the Mach 2, 2004 letter from counsel for lead pltff Greenway Partners, L.P. in connection with the Luxotica defts' motion for certification of the 11/26/2003 order. (Barrett, Charryse) (Entered: 03/09/2004)

3/10/2004 91 Minute Entry for proceedings held before Jack B. Weinstein : Motion Hearing held on 3/10/2004. Counsel for all sides present. Motion argued. Respectfully referred to the USMJ for expedited discovery. All pending motions are withdrawn with leave to renew on 6/15/04 @10:00am. Depositions to begin immediately. (Nieves, Adrian) (Entered: 04/15/2004)

3/18/2004 -- ORDER: A status conference will be held on April 1, 2004 at 11:30 a.m. The parties may appear by telephone provided they agree on arrangements for initiation of the call and notify my chambers prior to the conference.Signed by Judge Marilyn D. Go on 03/18/04. (DeVeaux, Yvonne) (Entered: 03/18/2004)

3/23/2004 89 TRANSCRIPT of Proceedings held on 3/10/2004 before Judge Weinstein. Court Reporter: Stephanie Drexler. (Barrett, Charryse) (Entered: 03/23/2004)

3/26/2004 90 ORDER: the court has scheduled a hearing for 6/15/2004 on defts' motion to certify an order for interlocutory appeal and pltffs' motion for class certification. Any arguments as to the validity of pltffs' state law causes of action will also be heard by this court on 6/15/2004. Signed by Judge Jack B. Weinstein, on 3/10/2004. Copies mailed by Chambers. (Barrett, Charryse) (Entered: 03/26/2004)

4/1/2004 -- Minute Entry for proceedings held before Marilyn D. Go on 4/1/2004. Appearances by Jonathan Plasse, Joseph DiBenedetto, Stephanie Krause, Michael Torpey. Request for deposition of second partner of Greenway denied, with leave to renew following deposition of Kingsley. Defendants must advise whether they oppose amendment to add claim against del Vecchio. The schedule for briefs on the state law claim requested by Judge Weinstein is as follows: defendants' submission -- 5/5/04; plaintiffs' -- 6/1/04 and reply -- 6/8/04. Next conference scheduled for April 22, 2004 at 9:45 a.m. (by tel.) (DeVeaux, Yvonne) (Entered: 04/01/2004)

4/5/2004 -- CORRECTED Minute Entry for proceedings held before Marilyn D. Go on 4/1/2004. ppearances by Jonathan Plasse, Joseph DiBenedetto, Stephanie Krause, Michael Torpey. Request to cancel the deposition of second partner of Greenway will be addressed following deposition of Kingsley. The schedule for briefs on the state law claim requested by Judge Weinstein is as follows: defendants' submission -- 5/5/04; plaintiffs' -- 6/1/04 and reply -- 6/8/04. Parties will advise Court on procedures for settlement. Next conference scheduled for April 22, 2004 at 9:45 a.m. (by tel.) (DeVeaux, Yvonne) (Entered: 04/05/2004)

4/22/2004 92 Minute Entry for Telephone Conference held before Marilyn D. Go on 4/22/2004. Appearances by telephone by Jonathan Plasse, David Goldsmith, Louis Gottlieb, Eric Nelson, Phillip Smith, Stephanie Krause, Michael Torpey, Ken Herzinger. New scheduling order approved. Submissions on the question of discovery re limited partners in Greenway due 4/23/04 and any reply by 4/26/04 at 12:00 noon. Parties will contact the Court on dates for settlement conference in May.Amended scheduling order set as per attached order.(Tape #04/43 0-2654.) (DeVeaux, Yvonne) (Entered: 04/22/2004)

4/26/2004 93 ORDER approving the briefing schedule for lead pltff's motion for class certification (See attachment for schedule). Signed by Judge Jack B. Weinstein, on 4/7/2004. (Endorsed on letter dated 4/5/2004 from Jonathan M. Plasse to USDJ Weinstein) (Barrett, Charryse) (Entered: 04/26/2004)

5/3/2004 94 ORDER: denying defendant's request for discovery of limited partners' identities.Signed by Judge Marilyn D. Go on 05/03/04. (DeVeaux, Yvonne) (Entered: 05/03/2004)

5/4/2004 95 NOTICE of Appearance by Kenneth P. Herzinger on behalf of Rohit M. Desai, John H. Duerden, Robert C. Grayson, Michael McCadden, William E. Phillips (Herzinger, Kenneth) (Entered: 05/04/2004)

5/5/2004 96 Memorandum of Law Regarding State Law Claims Per Judge Weinstein's Request by James N. Hauslein. (Attachments: # 1 Certificate of Service# 2 Appendix Appendix A to the Brief# 3 Exhibit Exhibit 1# 4 Exhibit Exhibit 2# 5 Exhibit Exhibit 3# 6 Exhibit Exhibit 4# 7 Exhibit Exhibit 5# 8 Exhibit Exhibit 6)(Fader, Bruce) Modified on 5/5/2004 (Lee, Tiffeny). (Entered: 05/05/2004)

5/5/2004 97 MOTION to Dismiss OUTSIDE DIRECTORS' STATEMENT REGARDING STATE LAW BREACH OF FIDUCIARY DUTY CLAIMS PURSUANT TO JUDGE WEINSTEIN'S REQUEST by Rohit M. Desai, John H. Duerden, Robert C. Grayson, Michael McCadden, William E. Phillips. Responses due by 5/5/2004 (Herzinger, Kenneth) (Entered: 05/05/2004)

5/5/2004 98 AFFIDAVIT re 97 MOTION to Dismiss OUTSIDE DIRECTORS' STATEMENT REGARDING STATE LAW BREACH OF FIDUCIARY DUTY CLAIMS PURSUANT TO JUDGE WEINSTEIN'S REQUEST DECLARATION OF KENNETH P. HERZINGER IN SUPPORT OF OUTSIDE DIRECTORS' STATEMENT REGARDING STATE LAW BREACH OF FIDUCIARY DUTY CLAIMS PURSUANT TO JUDGE WEINSTEIN'S REQUEST by Rohit M. Desai, John H. Duerden, Robert C. Grayson, Michael McCadden, William E. Phillips. (Attachments: # 1 # 2 # 3 # 4 # 5)(Herzinger, Kenneth) (Entered: 05/05/2004)

5/18/2004 99 ORDER: defts have until 5/18/2004 to file opposing papers (to Lead Pltff's motion for class certification), and that Lead Pltff has until 6/10/2004 to file reply papers. Signed by Judge Jack B. Weinstein, on 5/12/2004. (Endorsed on letter dated 5/11/2004 from Jonathan M. Plasse to USDJ Weinstein) Copies faxed by Chambers.(Barrett, Charryse) (Entered: 05/18/2004)

5/18/2004 100 AFFIDAVIT in Opposition re [77] Notice of MOTION to Certify Class action; appointing Greenway and Pltffs Glazer Capital Management, L.P., and Barbara Yates to serve as class representatives; and appointing Goodkind Labaton Rudoff & Sucharow LLP, lead counsel for Greenway, to also s filed by Luxottica Group S.p.A.. (Attachments: # 1 Exhibit A Part 1to Affirmation# 2 Exhibit A Part 2 to Affirmation# 3 Exhibit B to Affirmation# 4 Exhibit C to Affirmation# 5 Exhibit D to Affirmation# 6 Exhibit E to Affirmation# 7 Exhibit F to Affirmation# 8 Exhibit G to Affirmation# 9 Exhibit H to Affirmation# 10 Exhibit I to Affirmation# 11 Exhibit J to Affirmation# 12 Exhibit K to Affirmation# 13 Exhibit L to Affirmation# 14 Exhibit M to Affirmation# 15 Exhibit N to Affirmation)(Nelson, Eric) (Entered: 05/18/2004)

5/18/2004 101 MEMORANDUM in Opposition re [77] Notice of MOTION to Certify Class action; appointing Greenway and Pltffs Glazer Capital Management, L.P., and Barbara Yates to serve as class representatives; and appointing Goodkind Labaton Rudoff & Sucharow LLP, lead counsel for Greenway, to also s by Luxottica Group S.p.A.. (Attachments: # 1 Exhibit 1 to Memorandum# 2 Exhibit 2 to Memorandum)(Nelson, Eric) (Entered: 05/18/2004)

5/19/2004 102 MOTION for Joinder in Opposition to Lead Plaintiff Greenway Partners, L.P."S, Motion for Class Certification by James N. Hauslein. (Kraus, Stefanie) (Entered: 05/19/2004)

5/19/2004 103 Notice of MOTION for Joinder IN THE MEMORANDUM OF DEFENDANT LUXOTTICA GROUP S.p.A. IN OPPOSITION TO LEAD PLAINTIFF GREENWAY PARTNERS, L.P.'S MOTION FOR CLASS CERTIFICATION by Rohit M. Desai, John H. Duerden, Robert C. Grayson, Michael McCadden, William E. Phillips. (Herzinger, Kenneth) (Entered: 05/19/2004)

5/19/2004 104 CERTIFICATE OF SERVICE by Luxottica Group S.p.A. re 100 Affidavit in Opposition to Motion,,,, 101 Memorandum in Opposition, (Attachments: # 1 Exhibit 1 to Certificate of Service# 2 Exhibit 2 to Certificate of Service)(Nelson, Eric) (Entered: 05/19/2004)

5/21/2004 -- Minute Entry for proceedings held before Marilyn D. Go : Telephone Conference held on 5/21/2004. Appearances by telephone by Jonathan Plasse, Louis Gottlieb, Geoffrey Jarvis, Eric Nelson, Joseph DiBennedetto, Stephanie Krause, Kenneth Herzinger. Plaintiff's counsel to respond to defendants' interrogatories by 5/24/04 and to provide sworn statement from principals of Greenway. Plaintiff's reply regarding the adequacy of class counsel with respect to its class certification motion must be filed by 6/3/04 at 4:00 p.m. Defendants' sur-reply on this issue must be filed by 6/11/04. Plaintiff's reply on other class certification issues remains due on 6/10/04. Remaining defendants must confirm by 5/24/04 whether they oppose amendment of complaint to assert additional claims against defendant del Vecchio. (Tape #04/55.) (Go, Marilyn) (Entered: 05/21/2004)

5/24/2004 105 MEMORANDUM in Support of Luxottica Defendants' Motion for Summary Judgment by Luxottica Group S.p.A., Shade Acquisition Corp.. (DiBenedetto, Joseph) (Entered: 05/24/2004)

5/24/2004 106 Notice of MOTION for Summary Judgment by Luxottica Group S.p.A., Shade Acquisition Corp.. Responses due by 6/7/2004 (DiBenedetto, Joseph) (Entered: 05/24/2004)

5/24/2004 107 RULE 56.1 STATEMENT re 106 Notice of MOTION for Summary Judgment by Luxottica Group S.p.A., Shade Acquisition Corp.. (DiBenedetto, Joseph) (Entered: 05/24/2004)

5/26/2004 108 MEMORANDUM AND ORDER: the court sees no reason for reconsidering the order and opinion of Judge Gershon, dated 11/26/2003. The court is inclined to grant class certification and proceed as soon as practicable to trial by jury. The court will hear from the parties at the hearing on 6/15/2004. Signed by Judge Jack B. Weinstein, on 5/10/2004. Copies mailed by Chambers.(Barrett, Charryse) (Entered: 05/26/2004)

5/26/2004 109 AFFIDAVIT in Support re 107 Rule 56.1 Statement, 105 Memorandum in Support, 106 Notice of MOTION for Summary Judgment (Exhibits A-I not attached due to size of the files; hard copy version to be filed with the Court) by Luxottica Group S.p.A., Shade Acquisition Corp.. (DiBenedetto, Joseph) (Entered: 05/26/2004)

6/2/2004 -- Minute Entry for proceedings held before Marilyn D. Go on 6/1/2004. Preliminary settlement discussions by telephone held. Next conference scheduled for June 7, 2004 at 8:30 a.m. (DeVeaux, Yvonne) (Entered: 06/02/2004)

6/2/2004 110 LEAD Plaintiff's Memorandum of Law Regarding State Law Claims, filed by Greenway Partners. (Barrett, Charryse) (Entered: 06/02/2004)

6/3/2004 119 REPLY AFFIDAVIT of Jonathan M. Plasse in Further Support of Lead Pltff Greenway Partners, L.P.'s [77] motion for class certification addressing arguements directed to lead counsel. (w/attached exhibits A-K) (Barrett, Charryse) (Entered: 06/14/2004)

6/7/2004 112 TRANSCRIPT of Conference held on 5/21/2004 before Judge Go. C/T: Aria Transcriptions, c/o Elizabeth Barron. (Barrett, Charryse) (Entered: 06/08/2004)

6/8/2004 111 Submissions - Reply Memorandum of Law Regarding State Law Claims Per Judge Weinstein's Request by James N. Hauslein. (Attachments: # 1 Appendix A# 2 Appendix B# 3 Appendix C# 4 Appendix D# 5 Appendix E# 6 Affidavit Certificate of Service of Bruce E. Fader)(Fader, Bruce) Modified on 6/8/2004 to add further description (Lee, Tiffeny) (Entered: 06/08/2004)

6/8/2004 113 REPLY to Response to Motion re 97 MOTION to Dismiss OUTSIDE DIRECTORS' STATEMENT REGARDING STATE LAW BREACH OF FIDUCIARY DUTY CLAIMS PURSUANT TO JUDGE WEINSTEIN'S REQUEST OUTSIDE DIRECTORS' REPLY TO LEAD PLAINTIFF'S MEMORANDUM OF LAW REGARDING STATE LAW CLAIMS filed by Rohit M. Desai, John H. Duerden, Robert C. Grayson, Michael McCadden, William E. Phillips. (Herzinger, Kenneth) (Entered: 06/08/2004)

6/8/2004 126 AMENDED COMPLAINT "SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT," w/attached exhibits A-B, against Rohit M. Desai, John H. Duerden, Robert C. Grayson, Luxottica Group S.p.A., Michael McCadden, William E. Phillips, Shade Acquisition Corp., filed by Greenway Partners.(Barrett, Charryse) (Entered: 07/12/2004)

6/9/2004 114 Minute Entry for proceedings held before Marilyn D. Go on 6/7/2004. Next conference scheduled for June 15, 2004 at 11:00 a.m. (to follow oral argument before Judge Weinstein) as per attached calendar. (DeVeaux, Yvonne) (Entered: 06/09/2004)

6/10/2004 120 REPLY Memorandum of Law of Lead Plaintiff Greenway Partners, L.P. in Support of the [77] motion for class certification addressing arguments directed to Greenway. (Barrett, Charryse) (Entered: 06/14/2004)

6/14/2004 115 MEMORANDUM in Opposition further to Lead Plaintiff Greenway Partners, L.P.'s Motion for Certification Addressing The Adequacy of Representation by Lead Counsel by Luxottica Group S.p.A.. (Nelson, Eric) (Entered: 06/14/2004)

6/14/2004 116 AFFIDAVIT in Opposition re [77] Notice of MOTION to Certify Class action; appointing Greenway and Pltffs Glazer Capital Management, L.P., and Barbara Yates to serve as class representatives; and appointing Goodkind Labaton Rudoff & Sucharow LLP, lead counsel for Greenway, to also s Reply Affirmation of Eric M. Nelson in Further Opposition filed by Luxottica Group S.p.A.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O)(Nelson, Eric) (Entered: 06/14/2004)

6/14/2004 117 REPLY in Support re 106 Notice of MOTION for Summary Judgment -- Reply Brief by Luxottica Group S.p.A., Shade Acquisition Corp.. (Friedman, Michael) (Entered: 06/14/2004)

6/14/2004 118 AFFIDAVIT in Support re 106 Notice of MOTION for Summary Judgment ,by Jeffrey Gordon and in Reply to 6/9/04 Plasse Affidavit filed by Luxottica Group S.p.A., Shade Acquisition Corp.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Friedman, Michael) (Entered: 06/14/2004)

6/16/2004 -- Minute Entry for proceedings held before Marilyn D. Go : Interim Pretrial Conference held on 6/15/2004. Settlement discussions between plaintiffs and the director defendants will be deferred until after new counsel for plaintiffs is prepared. The parties should confer with the Luxottica defendants and submit a new proposed discovery schedule. However, defendant Hauslein should be deposed soon after new counsel is ready to begin conducting discovery. (Go, Marilyn) (Entered: 06/16/2004)

6/21/2004 121 TRANSCRIPT of Status Conference held on 6/15/2004 before Judge Weinstein. Court Reporter: Marsha Diamond. (Barrett, Charryse) (Entered: 06/21/2004)

6/25/2004 129 ANSWER to SECOND Amended Consolidated Complaint by Leonardo Del Vecchio, Luxottica Group S.p.A., Shade Acquisition Corp.(Barrett, Charryse) (Entered: 07/14/2004)

7/9/2004 122 MOTION to Substitute Attorney by Greenway Partners. (Wales, David) (Entered: 07/09/2004)

7/9/2004 123 AFFIDAVIT re 122 MOTION to Substitute Attorney of Daniel Krasner by Greenway Partners. (Attachments: # 1 Exhibit A)(Wales, David) (Entered: 07/09/2004)

7/9/2004 124 AFFIDAVIT re 122 MOTION to Substitute Attorney of Alfred Kingsley by Greenway Partners. (Wales, David) (Entered: 07/09/2004)

7/9/2004 125 MOTION to Substitute Attorney Proposed Order by Greenway Partners. (Wales, David) (Entered: 07/09/2004)

7/13/2004 127 ORDER: twenty days additional granted (in which to submit to the court materials that would permit the court to determine whether Grant & Eisenhofer, P.A. should be appointed lead counsel in this case). Signed by Judge Jack B. Weinstein, on 7/3/2004. (Endorsed on letter dated 6/24/2004 from Geoffrey C. Jarvis to USDJ Weinstein) Copies faxed by Chambers.(Barrett, Charryse) Additional attachment(s) added on 7/13/2004 (Barrett, Charryse). (Entered: 07/13/2004)

7/13/2004 128 Letter dated 7/1/2004 from Joseph DiBenedetto to USDJ Weinstein, providing information concerning the distribution and market price of Sunglass Hut common stock during the relevant time frame. (w/attachments) (Barrett, Charryse) (Entered: 07/13/2004)

7/16/2004 130 SCHEDULE A: Institutional Investors' Ownership of Sunglass Hut's Common Stock. (Barrett, Charryse) (Entered: 07/16/2004)

7/21/2004 131 AFFIDAVIT in Opposition re 122 MOTION to Substitute Attorney filed by Leonardo Del Vecchio, Luxottica Group S.p.A., Shade Acquisition Corp.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Nelson, Eric) (Entered: 07/21/2004)

7/21/2004 132 MEMORANDUM in Opposition re 122 MOTION to Substitute Attorney by Leonardo Del Vecchio, Luxottica Group S.p.A., Shade Acquisition Corp.. (Nelson, Eric) (Entered: 07/21/2004)

7/22/2004 133 CERTIFICATE OF SERVICE by Leonardo Del Vecchio, Luxottica Group S.p.A., Shade Acquisition Corp. re 131 Affidavit in Opposition to Motion,, 132 Memorandum in Opposition regarding Motion by Lead Plaintiff Greenway Partners, L.P. for Approval of Selection of New Lead Counsel (Nelson, Eric) (Entered: 07/22/2004)

7/26/2004 137 ORDER: set for hearing 8/10/2004 at 10:00 a.m. The parties may appar by telephone and provide for stipulations, subject to court approval. Signed by Judge Jack B. Weinstein, on 7/13/2004. (Copies mailed by Chambers)(Barrett, Charryse) (Entered: 07/28/2004)

7/28/2004 134 ORDER: case coordinator: set conference asap after consulting counsel. Signed by Judge Jack B. Weinstein, on 7/15/2004. (Endorsed on letter dated 7/14/2004 from David L. Wales to USDJ Weinstein) (Barrett, Charryse) (Entered: 07/28/2004)

7/28/2004 135 ORDER : all pending motions to be heard together. Case coordinator please fix date.Signed by Judge Jack B. Weinstein, on 7/15/2004. (Endorsed on letter dated 7/13/2004 from Eric M. Nelson to USDJ Weinstein) (Barrett, Charryse) (Entered: 07/28/2004)

7/28/2004 136 NOTICE: Motion (for order approving selection of new lead counsel) will be heard 8/10/2004 @ 10:00 a.m.(Barrett, Charryse) (Entered: 07/28/2004)

7/28/2004 138 REPLY to Response to Motion re 122 MOTION to Substitute Attorney filed by Greenway Partners. (Attachments: # 1 Affidavit of Daniel W. Krasner, Esq. in further support of motion for approval of new lead counsel)(Wales, David) (Entered: 07/28/2004)

7/30/2004 139 ORDER: these other matters cannot be considered until we know who will be counsel. Signed by Judge Jack B. Weinstein, on 7/28/2004. (Endorsed on letter dated 7/28/2004 from David L. Wales to USDJ Weinstein) Copies mailed and faxed by Chambers.(Barrett, Charryse) (Entered: 08/03/2004)

8/4/2004 140 NOTICE of Consent to Change Attorney by Kenneth P. Herzinger CONSENT TO SUBSTITUTION OF COUNSEL AND ORDER (Herzinger, Kenneth) (Entered: 08/04/2004)

8/4/2004 141 NOTICE by Rohit M. Desai, John H. Duerden, Robert C. Grayson, Michael McCadden, William E. Phillips re 140 Notice of Consent to Change Attorney AFFIDAVIT OF MICHAEL D. TORPEY IN SUPPORT OF ORDER PERMITTING SUBSTITUTION OF COUNSEL (Herzinger, Kenneth) (Entered: 08/04/2004)

8/6/2004 142 NOTICE: the motion will be heard on 8/10/2004 @ 9:00 a.m. (Endorsed on letter dated 7/28/2004 from David L. Wales to USDJ Weinstein) (Barrett, Charryse) (Entered: 08/06/2004)

8/9/2004 143 ORDER: consent granted to file memorandum. Signed by Judge Jack B. Weinstein, on 8/4/2004. (Endorsed on letter dated 8/3/2004 from Eric M. Nelson to USDJ Weinstein) (Barrett, Charryse) (Entered: 08/09/2004)

8/9/2004 144 REPLY Memorandum in Opposition to Lead Plaintiff Greenway Partners, L.P.'S 122 MOTION for Selection of New Lead Counsel, filed by Luxottica Group S.p.A. (Barrett, Charryse) (Entered: 08/09/2004)

8/9/2004 -- ORDER granting 141 request for substitution of Michael D. Torpey and Kenneth Herzinger, now of Orrick, Herrington & Sutcliffe LLP, as counsel for defendants Rohit M. Desai, John H. Duerden, Robert C. Grayson, Michael McCadden and William E. Phillips. Counsel should promptly comply with Local Civil Rule 1.3(d) and change their registrations for ECF. Signed by Judge Marilyn D. Go on 8/9/04. (Go, Marilyn) (Entered: 08/09/2004)

8/10/2004 147 Minute Entry for proceedings held before Jack B. Weinstein : Motion Hearing held on 8/10/2004 re: motion for appointment of lead counsel. Motion argued. Additional briefs to be submitted w/in 30 days. (Barrett, Charryse) (Entered: 08/23/2004)

8/16/2004 145 TRANSCRIPT of Proceedings held on 8/10/2004 before Judge Weinstein. Court Reporter: Burton Sulzer. (Barrett, Charryse) (Entered: 08/16/2004)

8/17/2004 146 SEALED document.(Barrett, Charryse) (Entered: 08/17/2004) 9/9/2004 148 RESPONSE in Support re 122 MOTION to Substitute Attorney in Response to Court's

Request for Briefing on a Provision in the Retainer Agreement filed by Greenway Partners. (Wales, David) (Entered: 09/09/2004)

9/13/2004 149 NOTICE of Appearance by William A. Kapell on behalf of Leonardo Del Vecchio, Luxottica Group S.p.A., Shade Acquisition Corp. (Attachments: # 1 Certificate of Service)(Kapell, William) (Entered: 09/13/2004)

10/6/2004 150 ORDER: 30 days leave to submit papers granted. Set case for hearing 10/20/2004 @ 10:00 a.m. Appearances by telephone approved. Signed by Judge Jack B. Weinstein, on 9/13/2004. (Endorsed letter dated 9/10/2004 from Eric M. Nelson to USDJ Weinstein) Copies faxed by Chambers.(Barrett, C.) (Entered: 10/06/2004)

10/6/2004 151 ORDER: sealing (of memorandum of law and affidavit of Mr. Kingsley) granted. This document not to be sealed. Signed by Judge Jack B. Weinstein, on 9/13/2004. (Endorsed on letter dated 9/9/2004 from David L. Wales to USDJ Weinstein) (Barrett, C.) (Entered: 10/06/2004)

10/8/2004 152 MEMORANDUM in Opposition re 122 MOTION to Substitute Attorney ---Supplemental Memorandum Of Defendant Luxottica Group S.P.A. Addressing Class Counsel And Class Certification Issues Raised at the August 10, 2004 Hearing by Luxottica Group S.p.A., Shade Acquisition Corp.. (Nelson, Eric) (Entered: 10/08/2004)

10/8/2004 153 AFFIDAVIT in Opposition re 122 MOTION to Substitute Attorney --- Affirmation of Eric M. Nelson Addressing Class Counsel and Class Certification Issues Raised at the August 10, 2004 Hearing filed by Luxottica Group S.p.A., Shade Acquisition Corp.. (Attachments: # 1 Exhibits A-B# 2 Exhibits C-G# 3 Exhibit H# 4 Exhibit I (part 1)# 5 Exhibit I (part 2)# 6 Exhibits J-O# 7 Exhibits P-X)(Nelson, Eric) (Entered: 10/08/2004)

10/18/2004 154 REPLY to Response to Motion re 122 MOTION to Substitute Attorney filed by Greenway Partners. (Attachments: # 1 Affidavit of Alfred Kingsley)(Wales, David) (Entered: 10/18/2004)

10/20/2004 158 Minute Entry: before Jack B. Weinstein on 10/20/2004, proceedings for Motion Hearing held re: 122Motion for approval of retained counsel. Case called. Counsel for all sides present. Motion argued. Order to be submitted by Court. (Layne, Monique) (Entered: 11/18/2004)

11/1/2004 155 TRANSCRIPT of Proceedings held on 10/20/2004 before Judge Weinstein. Court Reporter: Gene Rudolph. (Barrett, C.) (Entered: 11/01/2004)

11/1/2004 156 MEMORANDUM AND ORDER: the provisions of the retainer agreement between Greenway and Wolf Haldenstein limiting Greenway's responsibility for litigation expenses and requiring Greenway's consent for settlement of this action are stricken. No compensation shall be paid to Goodkind w/o order of the court. Wolf Haldenstein is approved as lead counsel. Goodkind shall promptly turn over its litigation file to Wolf Haldenstein. Signed by Judge Jack B. Weinstein, on 10/22/2004. Copies mailed by Chambers. (Barrett, C.) (Entered: 11/03/2004)

11/10/2004 157 ORDER: A settlement conference will be held on December 2, 2004 at 10:00 a.m. before Marilyn Dolan Go, United States Magistrate Judge, in Room 357 at the United States Courthouse. All counsel must be present. All counsel should confirm with each other that all necessary participants are aware of this conference.Signed by Judge Marilyn D. Go on 11/10/04. (DeVeaux, Yvonne) (Entered: 11/10/2004)

12/2/2004 -- Minute Entry for proceedings held before Marilyn D. Go : Settlement Conference held on 12/2/2004. Appearances by David Wales, Matt Guiney, Eric Nelson, Joseph DiBenedetto, David Lederkramer, Matthew Morris, Michael Torpey. Further settlement discussions held. Parties must submit by 12/20/04 their stipulation regarding certification of the proposed class. Fact discovery must be completed by 4/11/05. Expert reports and disclosures must be exchanged by 5/2/05. Any motion for summary judgment must be filed by 5/2/05. Plaintiffs' motion to compel with respect to subpoena on Morgan Stanley must be filed by 12/6/04, opposing papers by 12/15/04 and any reply by 12/17/04. Next conference scheduled for Dec. 21, 2004 at 3:00 p.m. (Tape #04/116 0-1001.) (Go, Marilyn) (Entered: 12/02/2004)

12/3/2004 159 ORDER: application denied. If Ken Herzinger & Michael D. Torpey are unable to attend the 12/2 conference in person, they may attend by telephone. The time of the conference is changed to 12 noon. See attached for further details. Signed by Judge Marilyn D. Go, on 11/24/2004. (Endorsed on letter dated 11/22/2004 from Michael D. Torpey to USMJ Go)(Barrett, C.) (Entered: 12/03/2004)

12/3/2004 160 First MOTION to Compel documents from Morgan Stanley by Greenway Partners. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit)(Wales, David) (Entered: 12/03/2004)

12/17/2004 161 RESPONSE in Support re 160 First MOTION to Compel documents from Morgan Stanley Letter to Magistrate Jusge Go withdrawing motion, without prejudice, filed by Greenway Partners. (Wales, David) (Entered: 12/17/2004)

12/17/2004 -- ORDER withdrawing 160 Motion to Compel, in light of plaintiffs' letter dated 12/15/04. The hearing on Dec. 21, 2004 is cancelled. The next conference will be April 12, 2005 at 10:00 a.m. Signed by JudgeMarilyn D. Go on 12/17/04. (Go, Marilyn) (Entered: 12/17/2004)

12/23/2004 162 STIPULATION Regarding Class Certification by Greenway Partners. (Guiney, Matthew) (Entered: 12/23/2004)

12/29/2004 163 STIPULATION AND ORDER REGARDING CLASS CERTIFICATION. Signed by Judge Jack B. Weinstein, on 12/23/2004. (Barrett, C.) (Entered: 01/03/2005)

1/6/2005 164 NOTICE of Change of Address/Firm/Email by Kenneth P Herzinger NOTICE OF CHANGE OF ADDRESS (Herzinger, Kenneth) (Entered: 01/06/2005)