US District Court Electronic Case Filing System District ...securities.stanford.edu › ... › 201336_r01k_05CV00204.pdfJeffrey Bash, Tom Chen, Chris 320 S 500 E Davidson and Michael

US District Court Civil Docket as of December 13, 2012 Retrieved from the court on March 6, 2013

US District Court Electronic Case Filing System District of Utah (Central)

CIVIL DOCKET FOR CASE #: 2:05-cv-00204-DB

Firestone v. Imergent, et al Assigned to: Judge Dee Benson Demand: $0 Case in other court: Tenth, 09-04222

Tenth, 10-04074 Cause: 15:0078m(a) Securities Exchange Act

Plaintiff

Date Filed: 03/08/2005 Date Terminated: 03/30/2011 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Elliot Firestone On behalf of himself and all others similarly situated

represented by Alfred G. Yates LAW OFFICES OF ALFRED G YATES JR 519 ALLEGHENY BLDG 429 FORBES AVE PITTSBURGH, PA 15219 (412)391-5164 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Evan J. Smith BRODSKY & SMITH TWO BALA PLAZA STE 602 BALALYNWYD, PA 19004 (610) 667-6200 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James A. Caputo ROBBINS GELLER RUDMAN & DOWD(SAN DIEGO) 655 W BROADWAY STE 1900 SAN DIEGO, CA 92101 (619)231-1058 Email: [email protected]

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jefferson W. Gross BURBIDGE MITCHELL & GROSS 215 S STATE STE 920 SALT LAKE CITY, UT 84111 (801)355-6677 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Scott A. Call 7965 BOOTHILL DR PARK CITY, UT 84098 (435) 645-8859 Email: [email protected] TERMINATED: 05/16/2008 LEAD ATTORNEY

Tamara J. Driscoll ROBBINS GELLER RUDMAN & DOWD (WA) 1700 SEVENTH AVE STE 2260 SEATTLE, WA 98101 (206)839-0730 TERMINATED: 05/08/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas R Karrenberg ANDERSON & KARRENBERG 50 W BROADWAY STE 700 SALT LAKE CITY, UT 84101 (801)534-1700 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jon V. Harper ANDERSON & KARRENBERG 50 W BROADWAY STE 700 SALT LAKE CITY, UT 84101 (801)534-1700 Email: [email protected] ATTORNEY TO BE NOTICED

Pamela E. Kulsrud KIRBY MCINERNEY LLP 825 THIRD AVE 16TH FL NEW YORK, NY 10022 (212)371-6600

Plaintiff

Dronsejko Group represented by Carol C. Villegas LABATON SUCHAROW LLP 140 BROADWAY 34TH FL NEW YORK, NY 10005-1108 (212)907-0700 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan Gardner LABATON SUCHAROW LLP 140 BROADWAY 34TH FL NEW YORK, NY 10005-1108 (212)907-0700 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Lawrence A. Sucharow LABATON SUCHAROW LLP 140 BROADWAY 23RD FL NEW YORK, NY 10005-1108 (212)907-0860 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard D Burbidge BURBIDGE MITCHELL & GROSS 215 S STATE STE 920 SALT LAKE CITY, UT 84111

(801)355-6677 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert J. Shelby SNOW CHRISTENSEN & MARTINEAU 10 EXCHANGE PLACE 11TH FLOOR PO BOX 45000 SALT LAKE CITY, UT 84145-5000 (801)322-9340 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Serena Richardson LABATON SUCHAROW LLP 140 BROADWAY 34TH FL NEW YORK, NY 10005-1108 (212)907-0700 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Beth Hoffman LABATON SUCHAROW LLP 140 BROADWAY 34TH FL NEW YORK, NY 10005-1108 (212)907-0887 TERMINATED: 05/12/2008

Christopher J. Keller LABATON SUCHAROW LLP 140 BROADWAY 34TH FL NEW YORK, NY 10005-1108 (212)907-0700

Jonathan M. Plasse LABATON SUCHAROW LLP 140 BROADWAY 34TH FL NEW YORK, NY 10005-1108 (212)907-0700 TERMINATED: 05/12/2008

Pamela E. Kulsrud

(See above for address)

Shelley Thompson LABATON SUCHAROW LLP 140 BROADWAY 34TH FL NEW YORK, NY 10005-1108 (212)907-0700 TERMINATED: 05/12/2008

Plaintiff

Gregory Dronsejko represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan Gardner (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Lawrence A. Sucharow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard D Burbidge (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert J. Shelby (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Serena Richardson (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Beth Hoffman (See above for address) TERMINATED: 05/12/2008

Christopher J. Keller (See above for address)

Jonathan M. Plasse (See above for address) TERMINATED: 05/12/2008

Pamela E. Kulsrud (See above for address)

Shelley Thompson (See above for address) TERMINATED: 05/12/2008

Plaintiff

Pedro Garcia represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED






Christopher J. Keller





Plaintiff

Anthony Mielec represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED











Plaintiff

Perla Sierra represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED





Serena Richardson

(See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED






Plaintiff

Claudio Borghesan represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Robert J. Shelby

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







Plaintiff

Accounting Restatement Group represented by C. Richard Henriksen , Jr. Lead Plaintiff (group consists of HENRIKSEN & HENRIKSEN Jeffrey Bash, Tom Chen, Chris 320 S 500 E Davidson and Michael Speakman) SALT LAKE CITY, UT 84102

(801)521-4145 Email: [email protected] TERMINATED: 05/27/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ira M. Press KIRBY MCINERNEY LLP 825 THIRD AVE 16TH FL NEW YORK, NY 10022 (212)317-6600 Email: [email protected] LEAD ATTORNEY

ATTORNEY TO BE NOTICED





Plaintiff

Jerald F. Hassler represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Robert J. Shelby (See above for address)








Plaintiff

Andy Beichert represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Richard D Burbidge (See above for address)









V.

Consol Plaintiff

Frank Giaccio represented by Jefferson W. Gross Individually and on behalf of all


others similarly situated


Jon V. Harper (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marc A. Topaz

KESSLER TOPAZ MELTZER & CHECK LLP 280 KING OF PRUSSIA RD RADNOR, PA 19087 (610)667-7706 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas R Karrenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard A. Maniskas KESSLER TOPAZ MELTZER & CHECK LLP 280 KING OF PRUSSIA RD RADNOR, PA 19087 (610)667-7056

Tamara Skvirsky KESSLER TOPAZ MELTZER & CHECK LLP 280 KING OF PRUSSIA RD RADNOR, PA 19087 (610)667-7706 PRO HAC VICE

Consol Plaintiff

Dale McKinney represented by Jefferson W. Gross on behalf of himself and all others


similarly situated






Consol Plaintiff

Stephen Nordman represented by Jefferson W. Gross on behalf of himself and all others


similarly situated



Joseph E. White , III MILBERG LLP 1 PENNSYLVANIA PLAZA NEW YORK, NY 10119 (212)594-5300 LEAD ATTORNEY ATTORNEY TO BE NOTICED


Maya Saxena MILBERG LLP 1 PENNSYLVANIA PLAZA NEW YORK, NY 10119 (212)594-5300

Consol Plaintiff

Russell Nussbaum represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ralph M. Stone SHALOV STONE & BONNER LLP 485 SEVENTH AVE STE 1000 NEW YORK, NY 10018 (212)239-4340

Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED


Thomas G. Ciarlone , Jr. SHALOV STONE & BONNER LLP 485 SEVENTH AVE STE 1000 NEW YORK, NY 10018 (212)239-4340

Consol Plaintiff

Paul Kundinger Individually and on Behalf of All Others Similarly Situated

represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ralph M. Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Thomas G. Ciarlone , Jr. (See above for address)

Consol Plaintiff

Madhusudhan R. Enuganti

represented by Jefferson W. Gross individually and on behalf of all


others similarly situated



Scott A. Call

(See above for address) LEAD ATTORNEY


Consol Plaintiff

Victor R. Pappania represented by Daniel S. Sommers On behalf of himself and all others

COHEN MILSTEIN SELLERS &

similarly situated

TOLL 1100 NEW YORK AVE NW STE 500 W TOWER WASHINGTON, DC 20005-3964 (202)408-4600 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED




Matthew K. Handley COHEN MILSTEIN SELLERS & TOLL 1100 NEW YORK AVE NW STE 500 W TOWER WASHINGTON, DC 20005-3964 (202)408-4600

Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Consol Plaintiff

Charles M. McInnis Individually and on behalf of all others similarly situated


Jonathan O. Hafen PARR BROWN GEE & LOVELESS 185 S STATE ST STE 800 SALT LAKE CITY, UT 84111 (801)532-7840 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mark D. Smilow WEISS & LURIE 551 FIFTH AVE STE 1600 NEW YORK, NY 10176 (212)682-3025 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Matthew J. Ball PARR BROWN GEE & LOVELESS 185 S STATE ST STE 800 SALT LAKE CITY, UT 84111 (801)532-7840 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff

Hillel Hyman individually and on behalf of all others similarly situated

represented by C. Richard Henriksen , Jr. (See above for address) TERMINATED: 05/27/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ira M. Press (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


V.

Defendant

Imergent represented by Erik A. Christiansen TERMINATED: 03/19/2008

PARSONS BEHLE & LATIMER (UT) 201 S MAIN ST STE 1800 PO BOX 45898 SALT LAKE CITY, UT 84145-0898 (801)532-1234 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jared C. Fields SNELL & WILMER (UT) 15 W SOUTH TEMPLE STE 1200 GATEWAY TOWER WEST SALT LAKE CITY, UT 84101 (801) 257-1900 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED


Steven S. Kaufhold AKIN GUMP STRAUSS HAUER & FELD (SF) 580 CALIFORNIA ST 15TH FL SAN FRANCISCO, CA 94104 (415)765-9500 LEAD ATTORNEY


Defendant

Brandon B. Lewis represented by Erik A. Christiansen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jared C. Fields (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Steven S. Kaufhold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Robert M. Lewis TERMINATED: 03/19/2008

represented by Erik A. Christiansen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Defendant

Donald L. Danks represented by Erik A. Christiansen

TERMINATED: 03/19/2008

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




Defendant

David L. Rosenvall represented by Erik A. Christiansen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Defendant

David T. Wise represented by Erik A. Christiansen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Defendant

Peter Fredericks represented by Erik A. Christiansen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Defendant

Thomas Scheiner represented by Erik A. Christiansen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Defendant

John J. Poelman represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Electronic Commerce International represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Ryan Poelman represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Electronic Marketing Services represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Aftyn Morrison represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Simply Splendid represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY


Defendant

Frank Heyman represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Gary S. Gladstein represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Consol Defendant

Grant Thornton represented by Gary F. Bendinger HOWREY LLP (UT) 170 S MAIN STE 400 SALT LAKE CITY, UT 84101 (801)533-8383 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jacqueline M. Benson HOWREY LLP (HOUSTON) 1111 LOUISIANA 25TH FL HOUSTON, TX 77002 (713)654-7693 TERMINATED: 09/18/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED


Consol Defendant

Imergent represented by Jefferson W. Gross TERMINATED: 03/19/2008 (See above for address) formerly known as LEAD ATTORNEY Netgateway ATTORNEY TO BE NOTICED

TERMINATED: 03/19/2008

Consol Defendant

Donald L. Danks TERMINATED: 03/19/2008

Consol Defendant


Robert Lewis represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant

Grant Thornton LLP represented by Gary F. Bendinger (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Christopher B. Sullivan SNELL & WILMER (UT) 15 W SOUTH TEMPLE STE 1200 GATEWAY TOWER WEST SALT LAKE CITY, UT 84101 (801)257-1900 Email: [email protected] ATTORNEY TO BE NOTICED

Jacqueline M. Benson (See above for address) TERMINATED: 09/18/2007 ATTORNEY TO BE NOTICED

Julie Edwards TELOS VG 13308 S CHERRY CREST DR DRAPER, UT 84020 801.520-4558 Email: [email protected]

TERMINATED: 02/14/2011 ATTORNEY TO BE NOTICED

Scott D. McCoy HOWREY LLP (UT) 170 S MAIN STE 400 SALT LAKE CITY, UT 84101 (801)533-8383 ATTORNEY TO BE NOTICED

Movant

Steven J. Thompson represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Movant

Steven J. Thompson IRA represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Daniel S. Sommers (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Matthew K. Handley (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Movant

Paul P. Basset represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Movant

Philip G. Colton IRA represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Matthew K. Handley (See above for address) PRO HAC VICE


Movant

J. W. Ainsworth represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED





Movant

Ralph L. Pickard represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Daniel S. Sommers (See above for address)

PRO HAC VICE ATTORNEY TO BE NOTICED


Movant

Michael D. Galego represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Movant

Lucy Lee represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Movant

Frank Xinhe Wu represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Movant

Cheryl Ann Cone represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jon V. Harper (See above for address) TERMINATED: 05/12/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED


Movant

Yan Yan represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Movant

Massoud Panahi represented by Jefferson W. Gross (See above for address)




Movant

Phanesh Janapareddi represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Movant

Larry Kang represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Movant

Sidney Schwartz represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Movant

Yao-Kuo Huang represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Movant

Philip G. Colton represented by Jefferson W. Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED





Date Filed 1 # Docket Text

03/08/2005

1 Complaint filed, assigned to Judge Dee Benson Receipt no.: 4681002355 (ekg) (Entered: 03/09/2005)

03/11/2005 2 Return of summons executed as to Imergent c/o Rpbert Schow, David T. Wise, Robert M. Lewis 3/9/05 Answer due on 3/29/05 for David T. Wise, for Robert M. Lewis, for Imergent (kvs) (Entered: 03/14/2005)

03/21/2005

03/21/2005

04/05/2005

04/06/2005

04/21/2005

3 Return of summons executed as to Brandon B. Lewis 3/15/05 Answer due - on 4/4/05 for Brandon B. Lewis (kvs) (Entered: 03/22/2005)

4 Return of summons executed as to David L. Rosenvall 3/11/05 Answer due on 3/31/05 for David L. Rosenvall (kvs) (Entered: 03/22/2005)

5 Motion by Imergent, Brandon B. Lewis, Robert M. Lewis, Donald L. Danks, David L. Rosenvall, David T. Wise, Peter Fredericks, Thomas Scheiner to extend time to answer or otherwise respond to summons amd complaint (kvs) (Entered: 04/06/2005)

6 Order granting [5-1] motion to extend time to answer or otherwise respond to summons amd complaint signed by Chief Judge Dee Benson , 4/6/05

- cc:atty (kvs) (Entered: 04/06/2005)

7

Motion by Imergent, Brandon B. Lewis, Robert M. Lewis, Donald L. Danks, David L. Rosenvall, David T. Wise, Peter Fredericks, Thomas Scheiner to consolidate purported securities class actions for all purposes , and to extend time to answer or respond (kvs) (Entered: 04/22/2005)

04/21/2005 8 Memorandum by Imergent, Brandon B. Lewis, Robert M. Lewis, Donald L. Danks, David L. Rosenvall, David T. Wise, Peter Fredericks, Thomas Scheiner in support of [7-2] motion to extend time to answer or respond, [7-1] motion to consolidate purported securities class actions for all purposes (kvs) (Entered: 04/22/2005)

05/02/2005 9 MOTION and Stipulation to Consolidate related Cases, and for

I I Scheduling Order re: schedule for filing consolidated complaint and

briefing of certain motions filed by Plaintiff Elliot Firestone, Defendants Imergent, Brandon B. Lewis, Robert M. Lewis, Donald L. Danks, David L. Rosenvall, David T. Wise, Peter Fredericks, Thomas Scheiner. (kvs, ) (Entered: 05/04/2005)

05/05/2005 10 MOTION/ORDER granting motion for Admission Pro Hac Vice for of James A. Caputo for Elliot Firestone. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov . Signed by Judge Dee Benson on 5/4/05. (kvs, ) Additional attachment(s) added on 5/5/2005 (kvs, ). Modified on 5/5/2005 replaced incorrect image of document(kvs, ). (Entered: 05/05/2005)

05/05/2005 11 MOTION/ORDER granting motion for Admission Pro Hac Vice for of Tamara J. Driscoll for Elliot Firestone. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov . Signed by Judge Dee Benson on 5/4/05. (kvs, ) Additional attachment(s) added on 5/5/2005 (kvs, ). Modified on 5/5/2005 attached correct document (kvs, ). (Entered: 05/05/2005)

05/05/2005 12 Modification of Docket: Attached corrected documents. re 11 Motion/Order Pro Hac Vice for Driscoll, 10 Motion/Order Pro Hac Vice for Caputo, (Attachments: # 1 Motion PHV Order for Driscoll) (kvs, ) (Entered: 05/05/2005)

05/09/2005 13 Thompson Groups MOTION to be Appointed lead plaintiff and for the approval of their selection of lead and liasion counsel filed by Plaintiff Elliot Firestone (Note Thompson Group is not a party to this case as of 5/10/05). (kvs, ) (Entered: 05/10/2005)

05/09/2005 14 MEMORANDUM in Support of 13 MOTION to be Appointed Lead Pla I and for the approval of their selection of lead and liasion counsel filed by

Movants Steven J. Thompson, Steven J. Thompson IRA, Paul P. Basset, Philip G. Colton IRA, J. W. Ainsworth, Ralph L. Pickard. (kvs, ) (Entered: 05/10/2005)

05/09/2005 15 DECLARATION of Jon V. Harper re 13 MOTION to be Appointed lead I pla and for the approval of their selection of lead and liasion Counsel filed

by Steven J. Thompson, Steven J. Thompson IRA, Paul P. Basset, Philip I G. Colton IRA, J. W. Ainsworth, Ralph L. Pickard. (Attachments: # 1

pages 41-83)(kvs, ) (Entered: 05/10/2005)

05/09/2005 16 MOTION Appointment of lead plaintiffs and lead Counsel filed by Movants Michael D. Galego, Lucy Lee, Frank Xinhe Wu, Cheryl Ann Cone, Yan Yan. (kvs, ) (Entered: 05/10/2005)

05/09/2005 17 MEMORANDUM in Support of 16 MOTION for Appointment of lead

plaintiffs and lead Counsel filed by Movants Michael D. Galego, Lucy Lee, Frank Xinhe Wu, Cheryl Ann Cone, Yan Yan. (kvs, ) (Entered: 05/10/2005)

05/09/2005 18 DECLARATION of Ralph M. Stone re 16 MOTION for Appointment of lead plaintiffs and lead Counsel filed by Michael D. Galego, Lucy Lee, Frank Xinhe Wu, Cheryl Ann Cone, Yan Yan. (kvs, ) (Entered: 05/10/2005)

05/09/2005

05/09/2005

19 MOTION to Appoint the Panahi Group as lead plintiff and to approve lead plintiffs choice of lead Counsel filed by Movants Massoud Panahi, Phanesh Janapareddi, Larry Kang, Sidney Schwartz, Yao-Kuo Huang. (kvs, ) (Entered: 05/10/2005)

20 MEMORANDUM in Support of 19 MOTION to appoint the Panahi Group as lead plaintiff and to approve lead plintiffs choice of lead Counsel filed by Movants Massoud Panahi, Phanesh Janapareddi, Larry Kang, Sidney Schwartz, Yao-Kuo Huang. (kvs, ) (Entered: 05/10/2005)

05/09/2005 21 DECLARATION of Jon V. Harper re 19 MOTION to Appoint the Panahi Group as lead plaintiff and to approve lead plaintiffs choice of lead Counsel filed by Massoud Panahi, Phanesh Janapareddi, Larry Kang, Sidney Schwartz, Yao-Kuo Huang. (Attachments: # 1 pages 21-50# 2 pages 51-87)(kvs, ) (Entered: 05/11/2005)

05/19/2005 22 MOTION/ORDER granting motion for Admission Pro Hac Vice for of Steven S. Kaufhold for Robert M. Lewis; Donald L. Danks; David L. Rosenvall; David T. Wise; Peter Fredericks; Thomas Scheiner; Imergent and Brandon B. Lewis. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov . Signed by Judge Dee Benson on 5/18/05. (asp) (Entered: 05/20/2005)

05/19/2005 35 ORDER granting 7 Motion to Consolidate Cases, granting 7 Motion for Extension of Time, granting 9 Motion to Consolidate Cases, granting 9 Motion for Scheduling Order. 2:05cv204 is the lead case. See order for details re: consolidated cmp, dfts answer, motion to dism, mot/class cert, service of documents . Signed by Judge Dee Benson on 5/18/05. (ce, ) Modified on 5/20/2005 by changing filing date from 5/20/05 to 5/19/05 (ce, ). (Entered: 05/20/2005)

05/19/2005 36 ORDER consolidating related actions and schedule for filing consolidated complaint and briefing certain motions - lead case 2:05cv204. Signed by Judge Dee Benson on 5/18/05. (ce, ) Modified on 5/20/2005 - this order is a duplicate of no. 35 (ce, ). (Entered: 05/20/2005)

05/20/2005 23 Second NOTICE OF REQUIREMENTS for appearence phv mailed to attorney William S. Lerach, Darren J. Robbins, Mary K. Blasy, counsel

for pla Elliot Firestone (2:05cv204) (ce, ) (Entered: 05/20/2005)

05/20/2005 24 NOTICE OF REQUIREMENTS for appearence phv mailed to attorney Alfred G. Yates for pla Elliot Firestone (2:05cv204) (ce, ) (Entered: 05/20/2005)

05/20/2005

05/20/2005

25 NOTICE OF REQUIREMENTS for appearence phv mailed to attorney Jonathan M. Plasse, Christopher J. Keller, Shelley Thompson as cnsl for pla Dale McKinney (2:05cv237) (ce, ) (Entered: 05/20/2005)

26 NOTICE OF REQUIREMENTS for appearence phv mailed to attorney Evan J. Smith as cnsl for pla Stephen Nordman (2:05cv284) (ce, ) (Entered: 05/20/2005)

05/20/2005 27 NOTICE OF REQUIREMENTS for appearence phv mailed to attorney Ronen Sarraf and Joseph Gentile, cnsl for plas Russell Nussbaum and Paul Kundinger (2:05cv290) (ce, ) (Entered: 05/20/2005)

05/20/2005 28 NOTICE OF REQUIREMENTS for appearence phv mailed to attorney Gregory M. Nespole, Christopher S. Hinton, cnsl for pla Madhusudhan R. Enuganti (2:05cv326) (ce, ) (Entered: 05/20/2005)

05/20/2005 29 NOTICE OF REQUIREMENTS for appearence phv mailed to attorney Marc S. Henzel, cnsl for pla Madnusudhan R. Enuganti (2:05cv326)(ce, ) (Entered: 05/20/2005)

05/20/2005

05/20/2005

30 NOTICE OF REQUIREMENTS for appearence phv mailed to attorney Brian M. Felgoise, cnsl for pla Madhusudhan R. Enuganti 2:05cv326) (ce, ) (Entered: 05/20/2005)

31 NOTICE OF REQUIREMENTS for appearence phv mailed to attorney Steven J. Toll, cnsl for pla Victor R. Pappania (2:05cv345) (ce, ) (Entered: 05/20/2005)

05/20/2005 32 NOTICE OF REQUIREMENTS for appearence phv mailed to attorney Jules Brody, Aaron Brody, Tzivia Brody, cnsl for pla Charles McInnis (2:05cv313) (ce, ) (Entered: 05/20/2005)

05/20/2005 33 NOTICE OF REQUIREMENTS for appearence phv mailed to attorney Joseph H. Weiss, cnsl for pla Charles McInnis (2:05cv313) (ce, ) (Entered: 05/20/2005)

05/20/2005 34 NOTICE OF REQUIREMENTS for appearence phv mailed to attorney I Stephen A. Mansfield,cnsl for dfts (all Imergent cases) (ce, ) (Entered:

05/20/2005)

05/20/2005 37 Modification of Docket: Information: Order no. 36 is a duplicate of no. 35; changed file date of order no. 35 from 5/20/05 to 5/19/05. (ce, )

I (Entered: 05/20/2005)

05/26/2005

05/26/2005

38 MOTION/ORDER granting motion for Admission Pro Hac Vice for of Christopher J. Keller for Dale McKinney, Shelley Thompson for Dale McKinney, Jonathan M. Plasse for Dale McKinney. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov . Signed by Judge Dee Benson on 5/25/05. (asp) (Entered: 05/27/2005)

43 RESPONSE to Motion re 13 MOTION to Appoint lead plaintiffs and approve plaintiffs choice of lead counsel, 19 MOTION to Appoint lead plaintiffs and approve plaintiffs choice of lead counselCounsel, 16 MOTION to Appoint lead plaintiffs and approve plaintiffs choice of lead counsel for the Galego Group, Panahi Group, Thompson Group and Dronsejko Group filed by Defendants Imergent, Brandon B. Lewis, Robert M. Lewis, Donald L. Danks, David L. Rosenvall, David T. Wise, Peter Fredericks, Thomas Scheiner. (kvs, ) (Entered: 05/31/2005)

05/27/2005 39 RESPONSE to Motion re Dronsejko, Panahi and Galego Groups re 19 MOTION to Appoint Lead Counsel, 16 MOTION to Appoint Counsel filed by Movants Steven J. Thompson IRA, Philip G. Colton IRA, J. W. Ainsworth, Ralph L. Pickard, Philip G. Colton and for the Approval of Their Selection of Lead and Liaison Counsel. (ce, ) (Entered: 05/27/2005)

05/27/2005 40 JOINT DECLARATION of Panahi Group re 19 MOTION to Appoint lead plaintiff and for approval of lead plas choice of lead counsel filed by Massoud Panahi, Phanesh Janapareddi, Larry Kang, Sidney Schwartz, Yao-Kuo Huang. (kvs, ) (Entered: 05/31/2005)

05/27/2005 41 MEMORANDUM in Opposition to competing 13 MOTIONs to Appoint lead counsel, 16 MOTION to Appoint lead counsel filed by Movants Massoud Panahi, Phanesh Janapareddi, Larry Kang, Sidney Schwartz, Yao-Kuo Huang. (kvs, ) (Entered: 05/31/2005)

05/27/2005 42 DECLARATION of Jon V. Harper re 41 Memorandum in Opposition to Competing Motions for appointment of lead plaintiffs filed by Massoud Panahi, Phanesh Janapareddi, Larry Kang, Sidney Schwartz, Yao-Kuo Huang. (kvs, ) (Entered: 05/31/2005)

05/27/2005 44 MEMORANDUM in Opposition to 13 MOTION to Appoint lead pla and I approve lead counsel, 16 MOTION to Appointlead pla and approve lead

counsel, 19 MOTION to Appointlead pla and approve lead counsel filed by Movant Dronsejko Group. (kvs, ) (Entered: 06/02/2005)

06/08/2005 45 MOTION/ORDER granting motion for Admission Pro Hac Vice for of Evan J. Smith for Elliot Firestone. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov . Signed by Judge Dee Benson on 6/8/05. (kvs, ) (Entered: 06/09/2005)

06/08/2005 46 RESPONSE in Further Support of the Dronsejko Groups motion for appointment as lead plaintiff (motion not filed with court as of 6/8/05) filed by Movant Dronsejko Group. (kvs, ) (Entered: 06/09/2005)

06/13/2005 47 REPLY to Response to Motion re 13 16 19 MOTIONS to Appoint lead counsel and for the approval of their selection of lead and liasion counsel filed by Movants Steven J. Thompson, Paul P. Basset, Ralph L. Pickard, Philip G. Colton. (kvs, ) (Entered: 06/14/2005)

06/13/2005

06/20/2005

08/16/2005

08/23/2005

48 DECLARATION of Jon V. Harper re 47 Reply Memorandum/Reply to Response to Motion to be appointed lead pla and for the approval of their selection of lead and liasion counsel filed by Steven J. Thompson, Paul P. Basset, Ralph L. Pickard, Philip G. Colton. (kvs, ) (Entered: 06/14/2005)

49 MOTION/ORDER granting motion for Admission Pro Hac Vice for of Alfred G. Yates for Elliot Firestone. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov . Signed by Judge Dee Benson on 6/17/05. (kvs, ) (Entered: 06/20/2005)

50 MOTION/ORDER granting motion for Admission Pro Hac Vice for of Mark D. Smilow for Charles M. McInnis. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov . Signed by Judge Dee Benson on 8/12/05. (kvs, ) (Entered: 08/17/2005)

51 ORDER granting Dronsejko groups motion to be appointed lead pla. Signed by Judge Dee Benson on 8/22/05. (kvs, ) (Entered: 08/23/2005)

09/19/2005 52 MOTION to Amend/Correct/modify the discovery stay imposed and granting lead plas leave to propound limited discovery upon dfts filed by lead pla Dronsejko Group. (kvs, ) (Entered: 09/20/2005)

09/19/2005 53 MEMORANDUM in Support re 52 MOTION to Amend/Correct/modify the discovery stay filed by lead pla Dronsejko Group. (kvs, ) (Entered: 09/20/2005)

09/20/2005 54 NOTICE of Change of Firm Address by James A. Caputo (kvs, ) (Entered: 09/21/2005)

10/05/2005 55 NOTICE of Change of Address/Change of Firm Name by Dronsejko Group (kvs, ) (Entered: 10/06/2005)

10/07/2005 56 MEMORANDUM in Opposition re 52 MOTION to Amend/Correct filed by Defendant Imergent. (kvs, ) (Entered: 10/07/2005)

10/19/2005 57 REPLY to Response to Motion re 52 MOTION to Amend/Correct filed by Consol Plaintiff Dale McKinney, Plaintiff Dronsejko Group. (asp, ) (Entered: 10/20/2005)

10/21/2005 58 STIPULATED MOTION for Extension of Time until 11/14/05 to file consolidated class action complaint filed by Consol Plaintiffs Frank Giaccio, Dale McKinney, Stephen Nordman, Russell Nussbaum, Paul Kundinger, Madhusudhan R. Enuganti, Victor R. Pappania, Charles M. McInnis, Plaintiffs Dronsejko Group, Elliot Firestone, Defendants Imergent, Brandon B. Lewis, Robert M. Lewis, Donald L. Danks, David L. Rosenvall, David T. Wise, Peter Fredericks, Thomas Scheiner. (ce, ) (Entered: 10/25/2005)

10/24/2005 59 ORDER granting 58 Stipulated Motion for Extension of Time until 11/14/05 for lead plaintiffs to file their consolidated class action complaint. Signed by Judge Dee Benson on 10/24/05. (ce, ) (Entered: 10/25/2005)

11/14/2005 60 SECOND STIPUALTED MOTION for Extension of Time for lead plaintiffs to file a consolidated class action complaint filed by Plaintiff Dronsejko Group, Defendants Imergent, Brandon B. Lewis, Robert M. Lewis, Donald L. Danks, David L. Rosenvall, David T. Wise, Peter Fredericks, Thomas Scheiner. (kvs, ) (Entered: 11/15/2005)

11/17/2005 61 ORDER granting 60 Motion for Extension of Time . Signed by Judge Dee Benson on 11/17/05. (kvs, ) (Entered: 11/18/2005)

11/23/2005 62 EX PARTE MOTION for Leave to File overlength memorandum in support of their motion to consolidate filed by Plaintiff Dronsejko Group. (kvs, ) (Entered: 11/28/2005)

11/23/2005 63 EX PARTE MOTION to Expedite briefing and disposition of their motion to consolidate the later filed Hyman Action, and MOTION to preclude further litigation re: the appointment of lead plas and lead counsel in this consolidated case filed by Plaintiff Dronsejko Group. (kvs, ) (Entered: 11/28/2005)

11/23/2005 64 MOTION to Consolidate Cases re: later filed Hyman Action, and MOTION precluding further litigation re: the appointment of lead pla and lead counsel in this consolidated case filed by Plaintiff Dronsejko Group. (kvs, ) (Entered: 11/28/2005)

11/23/2005 65 MEMORANDUM in Support re 64 MOTION to Consolidate Cases MOTION precluding further litigation re: the appointment of lead pla and lead counsel in this consolidated case filed by Plaintiff Dronsejko Group. (kvs, ) (Entered: 11/28/2005)

11/23/2005

66 DECLARATION of Lawrence A. Sucharow re 64 MOTION to Consolidate Cases MOTION precluding further litigation re: the appointment of lead pla and lead counsel in this consolidated case filed by Dronsejko Group. (Attachments: # 1 Exhibit A-C# 2 Exhibit D# 3 Errata E)(kvs, ) (Entered: 11/29/2005)

11/23/2005 83 CONSOLIDATED AMENDED COMPLAINT against Imergent, Brandon B. Lewis, Robert M. Lewis, Donald L. Danks, David L. Rosenvall, David T. Wise, Peter Fredericks, Thomas Scheiner filed by Dronsejko Group. (Attachments: # 1 2nd half of document)(kvs, ) (Entered: 12/28/2005)

11/29/2005 70

11/29/2005 72

Ex Parte MOTION to Expedite briefing and disposition of motion for an order requiring the filing of motions for the appointment of lead plaintiff and lead counsel for the Accounting Restatement claims and putative class filed by Movant Accounting Restatement Group. (ce, ) Modified on 12/21/2005 by adding Ex Parte (ce, ). (Entered: 12/21/2005)

MOTION for an Order pursuant to the PSLRA requiring the filing of motions for the appointment of lead plaintiff and lead counsel for the Accounting Restatement claims and putative class filed by Movant Accounting Restatement Group. (ce, ) (Entered: 12/21/2005)

11/29/2005 75 MEMORANDUM in Support re 72 MOTION for an order pursuant to the PSLRA requiring the filing of motions for the appointment of lead plaintiff and lead counsel for the Accounting Restatement claims and putative class filed by Movant Accounting Restatement Group. Main document consists of Pages 1-19, (Attachments: # 1 Pages 20-70, #(2) Pages 71-120, #3) Pages 121-170, #(4) Pages 171-220, #(5) Pages 221- 252)(ce, ) (Entered: 12/21/2005)

12/02/2005 67 MOTION/ORDER granting motion for Admission Pro Hac Vice for of I Lawrence A. Sucharow for Dronsejko Group.

Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov . Signed by Judge Dee Benson on 12/2/05. (kvs, ) (Entered: 12/05/2005)

12/02/2005 68 MOTION/ORDER granting motion for Admission Pro Hac Vice for of Beth Hoffman for Dronsejko Group. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov . Signed by Judge Dee Benson on 12/2/05. (kvs, ) (Entered: 12/05/2005)

12/02/2005 69 ORDER granting 62 Motion for Leave to File . Signed by Judge Dee Benson on 11/30/05. (kvs, ) (Entered: 12/05/2005)

12/16/2005 81 STIPULATED JOINT MOTION setting revised briefing schedule for pending motions and transferring related action filed by Plaintiff Dronsejko Group, Movant Accounting Restatement Group. (kvs, ) (Entered: 12/22/2005)

12/20/2005 79 MEMORANDUM in Support re 63 MOTION to preclude further litigation re: the appointment of lead plas and lead counsel in this consolidated case MOTION to preclude further litigation re: the appointment of lead plas and lead counsel in this consolidated case filed

by Plaintiff Dronsejko Group. (kvs, ) (Entered: 12/22/2005)

12/20/2005 80 MEMORANDUM in Opposition re 70 MOTION to Expedite briefing and disposition of their motion for an order requiring the filing of motions for the appointment of lead plaintiff and lead counsel for the Accounting Restatement claims and putative class filed by Plaintiff Dronsejko Group. (kvs, ) (Entered: 12/22/2005)

12/20/2005 82 DECLARATION of Lawrence A. Sucharow re 80 Memorandum in Opposition to Motion,, 79 Memorandum in Support of Motion, filed by Dronsejko Group. (kvs, ) (Entered: 12/22/2005)

12/21/2005

12/21/2005

12/21/2005

12/21/2005

12/21/2005

12/21/2005

71 MEMORANDUM in Opposition re 64 Dronsejko Group's MOTION to Consolidate Cases, MOTION precluding further litigation re: the appointment of lead pla and lead counsel in this consolidated case filed by Movant Accounting Restatement Group. (Attachments: # 1 Exhibit Attachment no. 1# 2 Exhibit Attachment no. 2)(ce, ) Additional attachment(s) added on 12/21/2005 (ce, ). Additional attachment(s) added on 12/21/2005 (ce, ). (Entered: 12/21/2005)

73 MEMORANDUM in Opposition re 64 MOTION to Consolidate Cases MOTION precluding further litigation re: the appointment of lead pla and lead counsel in this consolidated case (submitted to the Court on 12/20/2005) filed by Movant Accounting Restatement Group. (Attachments: # 1 Certificate of Service)(Press, Ira) (Entered: 12/21/2005)

74 DECLARATION of Pamela E. Kulsrud re 73 Memorandum in Opposition to Motion, (submitted to the Court on 12/20/2005) filed by Accounting Restatement Group. (Attachments: # 1 Exhibit A# 2 Exhibit B (part 1 of 2)# 3 Exhibit B (part 2 of 2)# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M# 15 Exhibit N# 16 Exhibit O)(Press, Ira) (Entered: 12/21/2005)

76 Modification of Docket: Error: re 71 Accounting Restatement Group's Memorandum in Opposition to the Dronsejko Group's Unilateral Self-Appointment as Lead Plaintiff for the Accounting Claim Class as all the parts of this document were not originally included in this entry. Correction: The document has been modified to include all the correct pages. (ce, ) (Entered: 12/21/2005)

77 Modification of Docket: Error: Imaged documents not attached. Correction: Attached documents. re 76 Modification of Docket - related to document no. 71 . (Attachments: # 1 Exhibit Attachement 1# 2 Exhibit Attachment 2# 3 Exhibit Attachment 3) (rak, ) (Entered: 12/21/2005)

78 Remark - this document is an image of the email from Thomas K. Wiesner, counsel for Accounting Restatement Group re: documents that

were emailed to the court on 12/20/05, but due to clerical error, were not able to be entered onto the docket until 12/21/05. They were efiled by Ira Press, Esq on 12/21/05. (ce, ) (Entered: 12/21/2005)

01/03/2006 84 MOTION/ORDER granting motion for Admission Pro Hac Vice for of Ira M. Press for Accounting Restatement Group. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov . Signed by Judge Dee Benson on 1/3/06. (kvs, ) (Entered: 01/04/2006)

01/27/2006 85 STIPULATED MOTION for Extension of Time to file answer or otherwise respond to consolidated class action complaint filed by Plaintiff Dronsejko Group, Defendants Imergent, Brandon B. Lewis, Robert M. Lewis, Donald L. Danks, David L. Rosenvall, David T. Wise, Peter Fredericks, Thomas Scheiner. (kvs, ) (Entered: 01/30/2006)

01/31/2006 86 CERTIFICATE OF SERVICE by Imergent re 85 STIPULATED MOTION for Extension of Time to file answer or otherwise respond to consolidated class action complaint (kvs, ) (Entered: 02/01/2006)

02/01/2006 87 NOTICE OF HEARING: (Notice generated by chambers) Status Conference set for 2/28/2006 02:30 PM in Room 246 before Judge Dee Benson. (reb, ) (Entered: 02/01/2006)

02/28/2006 88 Stipulated MOTION for Extension of Time to File Answer re 83 Amended Complaint Consolidated Class Action Complaint filed by Defendant Imergent. (Attachments: # 1 Text of Proposed Order order on stipulated motion)(Christiansen, Erik) (Entered: 02/28/2006)

02/28/2006 92 Minute Entry for proceedings held before Judge Dee Benson : After arguments were heard on discussion held, Crt ruled: denying 52 Motion to Amend/Correct, granting 64 Motion to Consolidate Cases, finding as moot 64 Motion, denying 72 Motion for Leave to File, Motion Hearing held on 3/21/2006 re 52 MOTION to Amend/Correct filed by Dronsejko Group,, 64 MOTION to Consolidate Cases MOTION precluding further litigation re: the appointment of lead pla and lead counsel in this consolidated case filed by Dronsejko Group,, 16 MOTION to Appoint Counsel filed by Michael D. Galego,, Lucy Lee,, Frank Xinhe Wu,, Cheryl Ann Cone,, Yan Yan, Court made findings on the record. Cnsl to prepare the order.(Court Reporter Ed Young.) (reb, ) Modified on 3/22/2006 (reb, ). (Entered: 03/21/2006)

03/03/2006 89 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Dronsejko Group, Gregory Drosejko, Pedro Garcia, Anthony Mielec, Perla Sierra, Claudio Borghesan, Elliot Firestone served on non party Grant Thorton (asp, ) (Entered: 03/06/2006)

03/06/2006 90 NOTICE of Appearance by Gary F. Bendinger on behalf of Grant

Thornton (Bendinger, Gary) (Entered: 03/06/2006)

03/08/2006 91 MOTION/ORDER granting motion for Admission Pro Hac Vice for of Jacqueline Benson for Grant Thornton. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov . Signed by Judge Dee Benson on 3/8/06. (asp, ) (Entered: 03/09/2006)

03/21/2006 93 Joint MOTION to Consolidate Cases and for Appointment of Lead Plaintiff and Lead Counsel filed by Movant Accounting Restatement Group. (Press, Ira) (Entered: 03/21/2006)

03/21/2006 94 DECLARATION of Ira M. Press re 93 Joint MOTION to Consolidate Cases and for Appointment of Lead Plaintiff and Lead Counsel in Support of Entry of Proposed Orders re: Consolidation and Lead Plaintiff Appointment filed by Accounting Restatement Group. (Press, Ira) (Entered: 03/21/2006)

03/31/2006 95 ORDER granting in part and denying in part 93 Motion to Consolidate Cases and for Appointment of Lead Plaintiff and Lead Counsel. The Hyman action, 2:05cv00861DAK is consolidated with 2:05cv00204DB, Firestone v. Imergent for all purposes. The Motion to Preclude Further Litigation re: the Appointment of Lead Plaintiff and Lead Counsel in the consolidated action is denied. See order for further details re: the pending appointment of lead plaintiff and lead counsel and obligation to respond to pleadings. Signed by Judge Dee Benson on 3/29/06. (ce, ) (Entered: 04/03/2006)

03/31/2006

04/04/2006

04/04/2006

96 ORDER Appointing Lead Plaintiff and Approving Lead Plaintiff's Selection of Counsel. The Accounting Restatement Group (consisting of Jeffrey Bash, Tom Chen, Chris Davidson and Michael Speakman) are appointed to serve as Lead Plaintiff in this action. The Law Firm of Kirby McInerney & Squire LLP is appointed as Lead Counsel for the Class. For details, see this order. Signed by Judge Dee Benson on 3/29/06. (ce, ) (Entered: 04/03/2006)

NAME CORRECTION of Gregory Drosejko. Corrected Name: Gregory Dronsejko. Name was originally added incorrectly. (ce, ) Modified on 4/4/2006 by noting that the name was changed, not the Case (ce, ). (Entered: 04/04/2006)

97 Modification of Docket: Error: Modified text re: the Name Correction entry on 4/4/06 - this entry originally stated that the Case was originally added incorrectly - however, it was plaintiff Gregory Dronsejko's name that had been added incorrectly. (ce, ) (Entered: 04/04/2006)

05/25/2006 98 NOTICE of Withdrawal of Counsel by Elliot Firestone (Harper, Jon) (Entered: 05/25/2006)

07/07/2006 99 NOTICE of Voluntary Dismissal of Stephen Nordman filed by Consol Plaintiff Stephen Nordman (Harper, Jon) (Entered: 07/07/2006)

09/17/2007 100 MOTION to Withdraw of Jacqueline Benson of Howrey LLP filed by Consol Defendant Grant Thornton LLP. (Attachments: # 1 Text of Proposed Order)(Sullivan, Christopher) (Entered: 09/17/2007)

09/18/2007

09/26/2007

11/07/2007

101 ORDER granting 100 Motion to Withdraw of Jacqueline Benson as counsel. Signed by Judge Dee Benson on 09/17/07. (rlr) (Entered: 09/18/2007)

102 NOTICE of Law Firm Name Change by Accounting Restatement Group (Press, Ira) (Entered: 09/26/2007)

103 MOTION for Settlement for Preliminary Approval of the Proposed Partial Settlement filed by Plaintiff Accounting Restatement Group. (Gross, Jefferson) (Entered: 11/07/2007)

11/07/2007

11/07/2007

11/07/2007

104 MEMORANDUM in Support re 103 MOTION for Settlement for Preliminary Approval of the Proposed Partial Settlement filed by Plaintiff Accounting Restatement Group. (Gross, Jefferson) (Entered: 11/07/2007)

105 MOTION for Settlement filed by Plaintiff Accounting Restatement Group. (Attachments: # 1 Text of Proposed Order Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit D)(Gross, Jefferson) (Entered: 11/07/2007)

106 CERTIFICATE OF SERVICE by Accounting Restatement Group re 105 MOTION for Settlement, 103 MOTION for Settlement for Preliminary Approval of the Proposed Partial Settlement , 104 Memorandum in Support of Motion (Gross, Jefferson) (Entered: 11/07/2007)

11/29/2007 107 NOTICE OF HEARING ON MOTION re: 105 MOTION for Settlement, 103 MOTION for Settlement for Preliminary Approval of the Proposed Partial Settlement : (Notice generated by chambers) Motion Hearing set for 12/12/2007 04:00 PM in Room 103 before Judge Dee Benson. (yre) (Entered: 11/29/2007)

12/06/2007 108 OBJECTIONS to 105 MOTION for Settlement, 103 MOTION for Settlement for Preliminary Approval of the Proposed Partial Settlement filed by Consol Defendant Grant Thornton LLP. (Sullivan, Christopher) (Entered: 12/06/2007)

12/10/2007 109 RESPONSE re 108 Objections, 105 MOTION for Settlement, filed by Plaintiff Accounting Restatement Group. (Attachments: # 1 Exhibit Corrected Stipulation Page)(Gross, Jefferson) (Entered: 12/10/2007)

12/11/2007 110 MOTION for Admission Pro Hac Vice of Pamela E. Kulsrud, Registration fee $ 15, receipt number 4681021712, Fee Status: Paid. filed by Plaintiffs Dronsejko Group, Gregory Dronsejko, Pedro Garcia, Anthony Mielec,

Perla Sierra, Claudio Borghesan, Accounting Restatement Group, Jerald F. Hassler, Andy Beichert. (Attachments: # 1 Exhibit A# 2 Exhibit B)(rlr) (Entered: 12/12/2007)

12/12/2007 111 Minute Order. Proceedings held before Judge Dee Benson : Cnsl present. Discussion of settlement held. Court grants the motion for preliminary settlement agreement. Final order of approval of settlement is set for 3/19/2007 at 2:30 PMgranting 103 Motion for Settlement; granting 105 Motion for Settlement; Motion Hearing held on 12/12/2007 re 105 MOTION for Settlement filed by Accounting Restatement Group, 103 MOTION for Settlement for Preliminary Approval of the Proposed Partial Settlement filed by Accounting Restatement Group. Attorney for Plaintiff: J. Gross, T. Driscoll and I. Press, Attorney for Defendant E. Christiansen, S. Kaufhold and D. Greenwood. Court Reporter: Ed Young. (reb) (Entered: 12/12/2007)

12/12/2007 112 NOTICE OF HEARING: (Notice generated by chambers)Final Order of Approval of Settlement Hearing set for 3/19/2007 02:30 PM in Room 246. (reb) (Entered: 12/12/2007)

12/13/2007 113 ORDER granting 110 Motion for Admission Pro Hac Vice of Pamela E. Kulsrud for Dronsejko Group and Gregory Dronsejko. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov . Signed by Judge Dee Benson on 12/12/2007. (rlr) (Entered: 12/14/2007)

12/14/2007 114 ORDER Preliminarily Approving Settlement and Providing for Notice. Signed by Judge Dee Benson on 12/13/2007. (rlr) (Entered: 12/14/2007)

12/26/2007 115 Mail Returned as Undeliverable. Mail was sent to Maya Saxena. Documents 113 and 114 will be remailed to New York, NY address. (jmr) (Entered: 12/26/2007)

12/26/2007 116 Mail Returned as Undeliverable. Mail was sent to Joseph E. White III. Documents 113 and 114 will be remailed to NY, NY address. (jmr) (Entered: 12/26/2007)

03/12/2008 117 Plaintiff's MOTION for Settlement Approval filed by Plaintiff Accounting Restatement Group. (Attachments: # 1 Memo in Supportt of Plaintiffs' Motion for Final Approval of Partial Settlement, # 2 Memo in Support of Class Certification and Approval of Plan of Allocation, # 3 Plaintiffs' Attorneys' Fee and Expense Application, # 4 Declaration of Ira M. Press in Support of Lead Plaintiffs' Application, # 5 Exhibit Exhibit A to the Press Declaration, # 6 Exhibit B to Press Declaration, # 7 Exhibit C to Press Declaration, # 8 Declaration of Hon. Nicholas H. Politan (ret), # 9 Affidavit of Stephen J. Cirami (GCG) Regarding Mailing - Part 1, # 10 Affidavit of Stephen J. Cirami re Mailing (Part 2), # 11 Text of Proposed Order Final Approval Order and Judgment, # 12 Text of Proposed Order

Approving Plan of Allocation of Settlement)(Kulsrud, Pamela) (Entered: 03/12/2008)

03/12/2008 118 CERTIFICATE OF SERVICE by Accounting Restatement Group re 117 Plaintiff's MOTION for Settlement Approval (Kulsrud, Pamela) (Entered: 03/12/2008)

03/19/2008 120 ORDER granting 117 Motion for Settlement/Approval of Plan of Allocation of Settlement Proceeds. Signed by Judge Dee Benson on 3/19/2008. (rlr) (Entered: 03/20/2008)

03/19/2008 121 JUDGMENT in favor of Accounting Restatement Group, Dronsejko Group, Andy Beichert, Anthony Mielec, Charles M. McInnis, Claudio Borghesan, Dale McKinney, Elliot Firestone, Gregory Dronsejko, Hillel Hyman, Jerald F. Hassler, Madhusudhan R. Enuganti, Paul Kundinger, Pedro Garcia, Perla Sierra, Russell Nussbaum, Stephen Nordman, Victor R. Pappania against Imergent, Donald L. Danks, Robert M. Lewis. Signed by Judge Dee Benson on 3/19/2008. (rlr) Modified on 3/20/2008 - Case was closed in error and has been corrected. This Judgment only dismisses 3 parties not the entire case (rlr). (Entered: 03/20/2008)

03/20/2008 119 Minute Entry for proceedings held before Judge Dee Benson: Cnsl present and Court approved final settlement including atty fees. SEE ORDER IN FILEMiscellaneous Hearing held on 3/20/2008. Attorney for Plaintiff: Richard Gross and Ira Press, Attorney for Defendant Steven Kaufhold. Court Reporter: Ed Young. (reb) (Entered: 03/20/2008)

03/20/2008 122 NOTICE of REMOVING COUNSEL FROM SERVICE LIST filed by Scott A. Call.Attorney Scott A. Call will no longer receive notice from the court in this case including final judgment. (Call, Scott) (Entered: 03/20/2008)

03/20/2008 123 Modification of Docket: Error: Judgment was entered against all Defendants. Correction: Entry has been corrected and Judgment index has been update to reflect that only 3 Defendants have been dismissed. re 121 Judgment. (rlr) (Entered: 03/20/2008)

05/07/2008 124 MOTION to Withdraw as Attorney Motion to Withdraw Tamara Driscoll As Attorney of Record for Plaintiff Elliot Firestone filed by Plaintiff Elliot Firestone. (Attachments: # 1 Text of Proposed Order)(Caputo, James)

I (Entered: 05/07/2008)

05/07/2008 125 NOTICE of Change of Firm Name and Address by Dronsejko Group (Sucharow, Lawrence) (Entered: 05/07/2008)

05/08/2008 126 ORDER granting 124 Motion to Withdraw as Attorney. Attorney Tamara J. Driscoll withdrawn from case for Elliot Firestone. Signed by Judge Dee Benson on 5/7/2008. (rlr) (Entered: 05/08/2008)

05/08/2008 127 MOTION to Withdraw as Attorney Jonathan M. Plasse, Shelley Thomson and Beth Hoffman as Attorneys of Record for Plaintiff Dronsejko Group filed by Plaintiff Dronsejko Group. (Attachments: # 1 Text of Proposed Order)(Sucharow, Lawrence) (Entered: 05/08/2008)

05/12/2008 128

05/15/2008 129

ORDER granting 127 Motion to Withdraw as Attorney. Attorney Jonathan M. Plasse; Shelley Thompson; Jon V Harper and Beth Hoffman withdrawn from case for Dronsejko Group and all others similarly situated. Signed by Judge Dee Benson on 5/9/2008. (rlr) (Entered: 05/12/2008)

MOTION to Withdraw as Attorney of Scott A. Call filed by Plaintiff Elliot Firestone. (Attachments: # 1 Text of Proposed Order)(Call, Scott) (Entered: 05/15/2008)

05/16/2008 130 ORDER granting 129 Motion to Withdraw as Attorney. Attorney Scott A. Call withdrawn from case for Elliot Firestone. Signed by Judge Dee Benson on 5/16/08. (jwt) (Entered: 05/16/2008)

05/23/2008 131 MOTION to Withdraw as Attorney C. Richard Henriksen, Jr. of Henriksen & Henriksen, PC filed by Plaintiff Accounting Restatement Group, Consol Plaintiff Hillel Hyman. (Attachments: # 1 Text of Proposed Order Proposed Order)(Henriksen, C.) (Entered: 05/23/2008)

05/27/2008 132 ORDER granting 131 Motion to Withdraw as Attorney. Attorney C. Richard Henriksen, Jr withdrawn from case for Accounting Restatement Group, Hillel Hymen.. Signed by Judge Dee Benson on 5/23/2008. (rlr) (Entered: 05/27/2008)

05/29/2008 133 NOTICE of REMOVING COUNSEL FROM SERVICE LIST filed by Scott A. Call.Attorney Scott A. Call will no longer receive notice from the court in this case including final judgment. (Call, Scott) (Entered: 05/29/2008)

07/15/2008 134 NOTICE of Change of Address by Ira M. Press (Press, Ira) (Entered: 07/15/2008)

11/06/2008 135 MOTION for Disbursement of Funds filed by Plaintiff Accounting Restatement Group. (Gross, Jefferson) (Entered: 11/06/2008)

11/06/2008 136 MEMORANDUM in Support re 135 MOTION for Disbursement of Funds filed by Plaintiff Accounting Restatement Group. (Gross, Jefferson) (Entered: 11/06/2008)

11/06/2008

137 AFFIDAVIT of Ira M. Press in Support re 135 MOTION for Disbursement of Funds filed by Plaintiff Accounting Restatement Group. (Attachments: # 1 Exhibit Part 1 of 4, # 2 Exhibit Part 2 of 4, # 3 Exhibit Part 3 of 4, # 4 Exhibit Part 4 of 4)(Gross, Jefferson) (Entered: 11/06/2008)

11/24/2008 138 MOTION for Admission Pro Hac Vice of Jonathan Gardner, Registration fee $ 15, receipt number 4681027659, Fee Status: Paid. filed by Plaintiffs Dronsejko Group, Gregory Dronsejko, Pedro Garcia, Anthony Mielec, Perla Sierra, Claudio Borghesan, Accounting Restatement Group, Jerald F. Hassler, Andy Beichert. (rlr) (Entered: 11/25/2008)

11/24/2008 139 MOTION for Admission Pro Hac Vice of Serena Richardson, Registration fee $ 15, receipt number 4681027659, Fee Status: Paid. filed by Plaintiffs Dronsejko Group, Gregory Dronsejko, Pedro Garcia, Anthony Mielec, Perla Sierra, Claudio Borghesan, Accounting Restatement Group, Jerald F. Hassler, Andy Beichert. (rlr) (Entered: 11/25/2008)

11/26/2008 140 MOTION for Leave to File Second Amended Complaint as to Defendant Grant Thornton, LLP filed by Plaintiff Accounting Restatement Group. (Attachments: # 1 Text of Proposed Order Exhibit)(Gross, Jefferson) (Entered: 11/26/2008)

11/26/2008 141 MEMORANDUM in Support re 140 MOTION for Leave to File Second Amended Complaint as to Defendant Grant Thornton, LLP filed by Plaintiff Accounting Restatement Group. (Gross, Jefferson) (Entered: 11/26/2008)

11/26/2008 142

CERTIFICATE OF SERVICE by Accounting Restatement Group re 140 MOTION for Leave to File Second Amended Complaint as to Defendant Grant Thornton, LLP, 141 Memorandum in Support of Motion (Gross, Jefferson) (Entered: 11/26/2008)

12/01/2008

12/01/2008

143 ORDER granting 139 Motion for Admission Pro Hac Vice of Serena Richardson for Dronsejko Group, Gregory Dronsejko, Pedro Garcia, Anthony Mielec, Perla Sierra, Claudio Borghesan, Accounting Restatement Group, Jerald F. Hassler and Andy Beichert. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov . Signed by Judge Dee Benson on 11/26/2008. (rlr) (Entered: 12/01/2008)

144 ORDER granting 138 Motion for Admission Pro Hac Vice of Jonathan Gardner for Dronsejko Group, Gregory Dronsejko, Anthony Mielec, Perla Sierra, Claudio Borghesan, Accounting Restatement Group, Jerald F. Hassler and Andy Beichert. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov . Signed by Judge Dee Benson on 11/26/2008. (rlr) (Entered: 12/01/2008)

12/02/2008

145 SETTLEMENT DISTRIBUTION ORDER. Motions terminated: 135 MOTION for Disbursement of Funds filed by Accounting Restatement Group. Signed by Judge Dee Benson on 12/1/2008. (rlr) (Entered: 12/02/2008)

12/16/2008 146 ORDER granting 140 Motion for Leave to File Second Amended Complaint. Plaintiff shall file their second amended complaint within 30 days of this Order. Signed by Judge Dee Benson on 12/15/2008. (rlr) (Entered: 12/16/2008)

01/15/2009 147

01/21/2009 148

01/22/2009 149

AMENDED COMPLAINT For Violation of the Federal Securities Laws against Grant Thornton with Jury Demand., filed by Accounting Restatement Group. (Gross, Jefferson) (Entered: 01/15/2009)

Stipulated MOTION for Extension of Time to File Answer or Respond to Second Amended Complaint filed by Consol Defendant Grant Thornton LLP. (Attachments: # 1 Text of Proposed Order)(Sullivan, Christopher) (Entered: 01/21/2009)

ORDER granting 148 Motion for Extension of Time to Answer re 147 Amended Complaint. Answer deadline updated for Grant Thornton LLP answer due 3/4/2009. Signed by Judge Dee Benson on 1/21/2009. (rlr) (Entered: 01/22/2009)

01/23/2009 150 NOTICE of Appearance by Scott D. McCoy on behalf of Grant Thornton LLP (McCoy, Scott) (Entered: 01/23/2009)

01/23/2009 151 NOTICE of Appearance by Julie Edwards on behalf of Grant Thornton LLP (Edwards, Julie) (Entered: 01/23/2009)

03/04/2009 152 MOTION to Dismiss with Prejudice filed by Consol Defendant Grant Thornton LLP. (Sullivan, Christopher) (Entered: 03/04/2009)

03/04/2009 153 MEMORANDUM in Support re 152 MOTION to Dismiss with Prejudice filed by Consol Defendant Grant Thornton LLP. (Attachments: # 1 Exhibit A - AU 411, # 2 Exhibit B - SEC Comment response, # 3 Exhibit C - 2003 10-K, # 4 Exhibit D - 2001 10-K, # 5 Exhibit E - 2002 10-K, # 6 Exhibit F - AU 508, # 7 Exhibit G - PCAOB Release, # 8 Exhibit H - FASB proposal, # 9 Exhibit I - Atkins Remarks, # 10 Exhibit J - SOP 97-2, # 11 Exhibit K - FASB 5, # 12 Exhibit L - SEC Comment Letter, # 13 Exhibit M - Wallace Excerpts, # 14 Exhibit N - Expense Memo)(Sullivan, Christopher) (Entered: 03/04/2009)

03/12/2009 154 MOTION for Extension of Time Answer Defendant Grant Thornton's Motion to Dismiss filed by Plaintiff Accounting Restatement Group. (Attachments: # 1 Text of Proposed Order)(Gross, Jefferson) (Entered: 03/12/2009)

03/13/2009 155 ORDER granting 154 Motion for Extension of Time until 5/6/2009 for Plaintiffs to respond to Defendant Gran Thornton's Motion to Dismiss. Signed by Judge Dee Benson on 3/12/2009. (rlr) (Entered: 03/13/2009)

04/02/2009 156 NOTICE of Firm Name Change by Steven J. Thompson, Paul P. Basset, J. W. Ainsworth, Ralph L. Pickard, Victor R. Pappania, Philip G. Colton

(Harper, Jon) (Entered: 04/02/2009)

05/06/2009 157 MEMORANDUM in Opposition re 152 MOTION to Dismiss with Prejudice filed by Plaintiff Dronsejko Group. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Gross, Jefferson) (Entered: 05/06/2009)

05/06/2009 158 MOTION for Admission Pro Hac Vice of Carol C. Villegas, Registration fee $ 15, receipt number 4681030339, Fee Status: PAID. filed by Plaintiff Dronsejko Group. (rlr) (Entered: 05/11/2009)

05/13/2009 159 ORDER granting 158 Motion for Admission Pro Hac Vice of Carol C. Villegas for Dronsejko Group. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov . Signed by Judge Dee Benson on 5/13/2009. (rlr) (Entered: 05/13/2009)

05/14/2009 160 MOTION to Withdraw as Counsel filed by Consol Plaintiff Charles M. McInnis. (Hafen, Jonathan) (Entered: 05/14/2009)

05/14/2009 161

05/15/2009 162

Stipulated MOTION for Extension of Time to File Response/Reply as to 152 MOTION to Dismiss with Prejudice filed by Consol Defendant Grant Thornton LLP. (Attachments: # 1 Text of Proposed Order)(Sullivan, Christopher) (Entered: 05/14/2009)

ORDER granting 161 Motion for Extension of Time to File Response/Reply re 152 MOTION to Dismiss with Prejudice. Replies due by 5/29/2009. Signed by Judge Dee Benson on 5/15/2009. (rlr) (Entered: 05/15/2009)

05/29/2009

06/08/2009

08/26/2009

163 REPLY to Response to Motion re 152 MOTION to Dismiss with Prejudice filed by Consol Defendant Grant Thornton LLP. (Attachments: # 1 Exhibit A 9/30/00 10Q, # 2 Exhibit B 6/30/01 10K, # 3 Exhibit C 6/30/02 10K, # 4 Exhibit D 6/30/03 10K, # 5 Exhibit E Weiss, # 6 Exhibit F Maiden case, # 7 Exhibit G Batwin case, # 8 Exhibit H in re Witness order, # 9 Exhibit I Gold case, # 10 Exhibit J Century case, # 11 Exhibit K Lewis case, # 12 Exhibit L 6/30/04 10K, # 13 Exhibit M 9/30/03 10Q, # 14 Exhibit N 12/31/03 10Q, # 15 Exhibit O 3/31/04 10Q, # 16 Exhibit P 9/30/04 10Q, # 17 Exhibit Q 12/21/04 10Q, # 18 Exhibit R 3/31/05 10Q, # 19 Exhibit S 1/31/02 ltr, # 20 Exhibit T Cheney case, # 21 Exhibit U 9/16/02 ltr)(Sullivan, Christopher) (Entered: 05/29/2009)

164 NOTICE OF HEARING ON MOTION re: 152 MOTION to Dismiss with Prejudice : (Notice generated by chambers) Motion Hearing set for 8/26/2009 02:30 PM in Room 246 before Judge Dee Benson. (reb) (Entered: 06/08/2009)

165 Minute Order. Proceedings held before Judge Dee Benson: After arguments were heard and discussion held on 152 Motion to Dismiss,

Court took the matter under advisment. Motion Hearing held on 8/26/2009 re 152 MOTION to Dismiss with Prejudice filed by Grant Thornton LLP. Attorney for Plaintiff: Jefferson Gross and Ira Press, Attorney for Defendant Gary F. Bendiger, Scott D. McCoy,. Court Reporter: Ed Young. (reb) (Entered: 09/01/2009)

11/02/2009 166 MEMORANDUM DECISION granting 152 Motion to Dismiss. Signed by Judge Dee Benson on 10/30/2009. (rlr) (Entered: 11/02/2009)

11/13/2009 167 DOCKET TEXT ORDER granting 160 Motion to Withdraw. So ordered by Judge Dee Benson on 11/12/09 (No attached document - docket text only) (alt) (Entered: 11/13/2009)

11/30/2009 168 NOTICE OF APPEAL as to 166 Order on Motion to Dismiss, Memorandum Decision filed by Gregory Dronsejko, Pedro Garcia, Anthony Mielec, Perla Sierra, Claudio Borghesan, Accounting Restatement Group, Jerald F. Hassler, Andy Beichert. Appeals to the USCA for the Tenth Circuit. Fee Status: Fee Paid. Filing fee $ 455, receipt number 4681034354. (jmr) (Entered: 12/01/2009)

12/01/2009 169 Transmission of Preliminary Record to USCA re 168 Notice of Appeal. (Attachments: # 1 Memorandum Decision and Order, # 2 Notice of Appeal, # 3 Docket)(jmr) (Entered: 12/01/2009)

12/03/2009 170 USCA Case Number Case Appealed to Tenth Case Number 09-4222 for 168 Notice of Appeal, filed by Anthony Mielec, Andy Beichert, Accounting Restatement Group, Claudio Borghesan, Perla Sierra, Pedro Garcia, Gregory Dronsejko, Jerald F. Hassler. (Attachments: # 1 Reminder)(jmr) (Entered: 12/03/2009)

12/17/2009 171 TRANSCRIPT REQUEST FORM filed by Dronsejko Group for proceedings held on Transcript Not Required for Appeal before Judge Benson, re 168 Notice of Appeal, Transcript is not necessary for this appeal (Gross, Jefferson) (Entered: 12/17/2009)

12/22/2009 172 Please be advised the Record is complete for purposes of appeal for USCA case number 09-4222 re 168 Notice of Appeal. (jmr) (Entered: 12/22/2009)

01/25/2010 173 TRANSCRIPT REQUEST FORM filed by Grant Thornton LLP for proceedings held on 8/26/09 before Judge Benson, re 168 Notice of Appeal, (Bendinger, Gary) (Entered: 01/25/2010) -

02/04/2010 174 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 26, 2009-Motion Hearing before Judge Dee Benson. Court Reporter/Transcriber Ed Young, Telephone number (801) 328-3202.

NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov . Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/25/2010. Redacted Transcript Deadline set for 3/8/2010. Release of Transcript Restriction set for 5/5/2010. (jmr) Modified by removing restricted text on 5/5/2010 (rgj). (Entered: 02/04/2010)

02/23/2010 176 MOTION for Relief From Final Order Denying Plaintiffs Leave to Amend Their Complaint re 166 Order on Motion to Dismiss, Memorandum Decision filed by Plaintiff Accounting Restatement Group. (Attachments: # 1 Text of Proposed Order (Proposed) Order)(Gross, Jefferson) (Entered: 02/23/2010)

02/23/2010 177 MEMORANDUM in Support re 176 MOTION for Relief From Final Order Denying Plaintiffs Leave to Amend Their Complaint re 166 Order on Motion to Dismiss, Memorandum Decision MOTION for Relief From Final Order Denying Plaintiffs Leave to Amend Their Complaint re 166 Order on Motion to Dismiss, Memorandum Decision filed by Plaintiff Accounting Restatement Group. (Gross, Jefferson) (Entered: 02/23/2010)

02/23/2010 178 DECLARATION of Ira M. Press re 176 MOTION for Relief From Final Order Denying Plaintiffs Leave to Amend Their Complaint re 166 Order on Motion to Dismiss, Memorandum Decision MOTION for Relief From Final Order Denying Plaintiffs Leave to Amend Their Complaint re 166 Order on Motion to Dismiss, Memorandum Decision filed by Accounting Restatement Group. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Gross, Jefferson) (Entered: 02/23/2010)

02/23/2010 179 CERTIFICATE OF SERVICE by Accounting Restatement Group re 176 MOTION for Relief From Final Order Denying Plaintiffs Leave to Amend Their Complaint re 166 Order on Motion to Dismiss, Memorandum Decision MOTION for Relief From Final Order Denying Plaintiffs Leave to Amend Their Complaint re 166 Order on Motion to Dismiss, Memorandum Decision, 178 Declaration, 177 Memorandum in Support of Motion, (Gross, Jefferson) (Entered: 02/23/2010)

03/02/2010 180 NOTICE of Order in Related Proceeding by Accounting Restatement Group (Attachments: # 1 Exhibit Tenth Circuit Order) (Gross, Jefferson) (Entered: 03/02/2010)

03/02/2010

03/11/2010

181 CERTIFICATE OF SERVICE by Accounting Restatement Group re 180 Notice (Other) (Gross, Jefferson) (Entered: 03/02/2010)

182 MEMORANDUM in Opposition re 176 MOTION for Relief From Final Order Denying Plaintiffs Leave to Amend Their Complaint re 166 Order on Motion to Dismiss, Memorandum Decision MOTION for Relief From Final Order Denying Plaintiffs Leave to Amend Their Complaint re 166 Order on Motion to Dismiss, Memorandum Decision filed by Consol Defendant Grant Thornton LLP. (Attachments: # 1 Exhibit A-Ltr & emails, # 2 Exhibit B-Conventionally filed transcript, # 3 Exhibit C-Memorandum & Decision, # 4 Exhibit D-Breakthrough case law, # 5 Exhibit E-Berger case law, # 6 Exhibit F-Emails, # 7 Exhibit G-emails, # 8 Exhibit H-Thompson case law, # 9 Exhibit I-Pegasus case law)(Sullivan, Christopher) (Entered: 03/11/2010)

03/11/2010 183 NOTICE OF CONVENTIONAL FILING of Exhibit B-Motion to Dismiss Hearing Transcript filed by Consol Defendant Grant Thornton LLP re 182 Memorandum in Opposition to Motion,, (Sullivan, Christopher) (Entered: 03/11/2010)

03/12/2010 184 EXHIBIT B filed by Grant Thornton re 182 Memorandum in Opposition to Motion for Relief from Final Order Denying Plaintiffs Leave to Amend Their Complaint. (rlr) (Entered: 03/15/2010)

03/17/2010

03/17/2010

185 REPLY to Response to Motion re 176 MOTION for Relief From Final Order Denying Plaintiffs Leave to Amend Their Complaint re 166 Order on Motion to Dismiss, Memorandum Decision MOTION for Relief From Final Order Denying Plaintiffs Leave to Amend Their Complaint re 166 Order on Motion to Dismiss, Memorandum Decision filed by Plaintiff Accounting Restatement Group. (Gross, Jefferson) (Entered: 03/17/2010)

186 DECLARATION of Ira M. Press re 176 MOTION for Relief From Final Order Denying Plaintiffs Leave to Amend Their Complaint re 166 Order on Motion to Dismiss, Memorandum Decision MOTION for Relief From Final Order Denying Plaintiffs Leave to Amend Their Complaint re 166 Order on Motion to Dismiss, Memorandum Decision filed by Accounting Restatement Group. (Gross, Jefferson) (Entered: 03/17/2010)

03/17/2010 187 CERTIFICATE OF SERVICE by Accounting Restatement Group re 185 Reply Memorandum/Reply to Response to Motion, 186 Declaration, (Gross, Jefferson) (Entered: 03/17/2010)

03/22/2010 188 NOTICE of Order in Related Proceeding by Accounting Restatement Group (Attachments: # 1 Exhibit) (Gross, Jefferson) (Entered:

03/22/2010)

03/22/2010

189 CERTIFICATE OF SERVICE by Accounting Restatement Group re 188 Notice (Other) (Gross, Jefferson) (Entered: 03/22/2010)

04/05/2010 190 ORDER denying 176 Motion for Relief From Final Order Denying Plaintiffs Leave to Amend Their Complaint / Plaintiffs' Rule 60(b) Motion. Signed by Judge Dee Benson on 4/5/2010. (rlr) (Entered: 04/05/2010)

04/07/2010 191

NOTICE OF APPEAL as to 190 Order on Motion for Miscellaneous Relief filed by Gregory Dronsejko, Pedro Garcia, Anthony Mielec, Perla Sierra, Claudio Borghesan, Accounting Restatement Group, Jerald F. Hassler, Andy Beichert. Appeals to the USCA for the Tenth Circuit. Fee Status: Fee Paid. Filing fee $ 455, receipt number 4681036594. (jmr) (Entered: 04/07/2010)

04/07/2010 192 Transmission of Preliminary Record to USCA re 191 Notice of Appeal. (Attachments: # 1 Order Denying Plaintiffs' Rule 60(b)Motion, # 2 Notice of Appeal, # 3 Docket)(jmr) (Entered: 04/07/2010)

04/08/2010 193 USCA Case Number Case Appealed to Tenth Case Number 10-4074 for 191 Notice of Appeal, filed by Anthony Mielec, Andy Beichert, Accounting Restatement Group, Claudio Borghesan, Perla Sierra, Pedro Garcia, Gregory Dronsejko, Jerald F. Hassler. (jmr) (Entered: 04/12/2010)

05/05/2010 194 TRANSCRIPT REQUEST FORM filed by Dronsejko Group re 191 Notice of Appeal, Transcript is not necessary for this appeal. This transcript order form was obtained from the Tenth Circuit docket as no transcript order form was filed here as the instructions state. (jmr) (Entered: 05/05/2010)

05/05/2010 195 Please be advised the Record is complete for purposes of appeal for USCA case number 10-4074 re 191 Notice of Appeal. (jmr) (Entered: 05/05/2010)

02/14/2011 196

02/14/2011 197

02/18/2011 198

MOTION to Withdraw of Julie Edwards filed by Consol Defendant Grant Thornton LLP. (Attachments: # 1 Text of Proposed Order)(Edwards, Julie) (Entered: 02/14/2011)

ORDER granting 196 Motion to Withdraw of Counsel as to Julie Edwards. Signed by Judge Dee Benson on 2/14/2011. (rlr) (Entered: 02/14/2011)

MANDATE of USCA(09-422 & 10-4074) as to 168 Notice of Appeal, filed by Anthony Mielec, Andy Beichert, Accounting Restatement Group, Claudio Borghesan, Perla Sierra, Pedro Garcia, Gregory Dronsejko, Jerald F. Hassler, 191 Notice of Appeal, filed by Anthony Mielec, Andy Beichert, Accounting Restatement Group, Claudio Borghesan, Perla

Sierra, Pedro Garcia, Gregory Dronsejko, Jerald F. Hassler. According to the USCA the of the USDC for the Dist of UT is AFFIRMED. (Attachments: # 1 Judgment, # 2 Mandate Cover Letter)(jmr) Modified on 2/18/2011 to add AFFIRMED to the docket text per Mandate & Judgment. To add Tenth Circuit case number 10-4074 to text. (jmr). (Additional attachment(s) added on 2/18/2011: # 3 Mandate Cover Letter-USCA Case 10-4074) (jmr). (Entered: 02/18/2011)

02/18/2011 199 Modification of Docket: Error: Mandate Cover Letter for 10-4074 was not attached to original entry. Correction: Mandate Cover Letter-10-4074 is now attached to entry. re 198 USCA Mandate. (jmr) (Entered: 02/18/2011)

08/05/2011 200 Plaintiff's MOTION for Disbursement of Funds to Three Additional Class Members and Approving a Final Payment to the Claims Administrator filed by Plaintiffs Accounting Restatement Group, Andy Beichert, Claudio Borghesan, Gregory Dronsejko, Dronsejko Group, Elliot Firestone, Pedro Garcia, Jerald F. Hassler, Anthony Mielec, Perla Sierra. (Attachments: # 1 Affidavit Stephen J. Cirami, # 2 Text of Proposed Order)(Gross, Jefferson) (Entered: 08/05/2011)

08/05/2011 201 Plaintiff's MEMORANDUM in Support re 200 Plaintiff's MOTION for Disbursement of Funds to Three Additional Class Members and Approving a Final Payment to the Claims Administrator filed by Plaintiffs Accounting Restatement Group, Andy Beichert, Claudio Borghesan, Gregory Dronsejko, Dronsejko Group, Elliot Firestone, Pedro Garcia, Jerald F. Hassler, Anthony Mielec, Perla Sierra. (Gross, Jefferson) (Entered: 08/05/2011)

09/08/2011 202 ORDER granting 200 Motion for Disbursement of Funds. Signed by Judge Dee Benson on 9/7/2011. (rlr) (Entered: 09/08/2011)

07/10/2012 203 Joint MOTION for Release of Funds of Unclaimed Settlement Funds to Charity filed by Plaintiffs Accounting Restatement Group, Andy Beichert, Claudio Borghesan, Gregory Dronsejko, Dronsejko Group, Elliot Firestone, Pedro Garcia, Jerald F. Hassler, Anthony Mielec, Perla Sierra, Movants J. W. Ainsworth, Paul P. Basset, Philip G. Colton, Cheryl Ann Cone, Michael D. Galego, Yao-Kuo Huang, Phanesh Janapareddi, Larry Kang, Lucy Lee, Massoud Panahi, Philip G. Colton IRA, Ralph L. Pickard, Sidney Schwartz, Steven J. Thompson IRA, Steven J. Thompson, Frank Xinhe Wu, Yan Yan, Consol Defendants Donald L. Danks, Grant Thornton LLP, Imergent, Robert Lewis, Grant Thornton, Defendants Donald L. Danks, Electronic Commerce International, Electronic Marketing Services, Peter Fredericks, Gary S. Gladstein, Frank Heyman, Imergent, Brandon B. Lewis, Robert M. Lewis, Aftyn Morrison, John J. Poelman, Ryan Poelman, David L. Rosenvall, Thomas Scheiner, Simply Splendid, David T. Wise, Consol Plaintiffs Madhusudhan R. Enuganti,

Frank Giaccio, Hillel Hyman, Paul Kundinger, Charles M. McInnis, Dale McKinney, Stephen Nordman, Russell Nussbaum, Victor R. Pappania. (Attachments: # 1 Text of Proposed Order)(Gross, Jefferson) (Entered: 07/10/2012)

07/10/2012 204 MEMORANDUM in Support re 203 Joint MOTION for Release of Funds of Unclaimed Settlement Funds to Charity filed by Plaintiffs Accounting Restatement Group, Andy Beichert, Claudio Borghesan, Gregory Dronsejko, Dronsejko Group, Elliot Firestone, Pedro Garcia, Jerald F. Hassler, Anthony Mielec, Perla Sierra, Movants J. W. Ainsworth, Paul P. Basset, Philip G. Colton, Cheryl Ann Cone, Michael D. Galego, Yao-Kuo Huang, Phanesh Janapareddi, Larry Kang, Lucy Lee, Massoud Panahi, Philip G. Colton IRA, Ralph L. Pickard, Sidney Schwartz, Steven J. Thompson IRA, Steven J. Thompson, Frank Xinhe Wu, Yan Yan, Consol Defendants Donald L. Danks, Grant Thornton LLP, Imergent, Robert Lewis, Grant Thornton, Defendants Donald L. Danks, Electronic Commerce International, Electronic Marketing Services, Peter Fredericks, Gary S. Gladstein, Frank Heyman, Imergent, Brandon B. Lewis, Robert M. Lewis, Aftyn Morrison, John J. Poelman, Ryan Poelman, David L. Rosenvall, Thomas Scheiner, Simply Splendid, David T. Wise, Consol Plaintiffs Madhusudhan R. Enuganti, Frank Giaccio, Hillel Hyman, Paul Kundinger, Charles M. McInnis, Dale McKinney, Stephen Nordman, Russell Nussbaum, Victor R. Pappania. (Gross, Jefferson) (Entered: 07/10/2012)

07/10/2012 205 AFFIDAVIT/DECLARATION in Support re 203 Joint MOTION for Release of Funds of Unclaimed Settlement Funds to Charity filed by Plaintiffs Accounting Restatement Group, Andy Beichert, Claudio Borghesan, Gregory Dronsejko, Dronsejko Group, Elliot Firestone, Pedro Garcia, Jerald F. Hassler, Anthony Mielec, Perla Sierra, Movants J. W. Ainsworth, Paul P. Basset, Philip G. Colton, Cheryl Ann Cone, Michael D. Galego, Yao-Kuo Huang, Phanesh Janapareddi, Larry Kang, Lucy Lee, Massoud Panahi, Philip G. Colton IRA, Ralph L. Pickard, Sidney Schwartz, Steven J. Thompson IRA, Steven J. Thompson, Frank Xinhe Wu, Yan Yan, Consol Defendants Donald L. Danks, Grant Thornton LLP, Imergent, Robert Lewis, Grant Thornton, Defendants Donald L. Danks, Electronic Commerce International, Electronic Marketing Services, Peter Fredericks, Gary S. Gladstein, Frank Heyman, Imergent, Brandon B. Lewis, Robert M. Lewis, Aftyn Morrison, John J. Poelman, Ryan Poelman, David L. Rosenvall, Thomas Scheiner, Simply Splendid, David T. Wise, Consol Plaintiffs Madhusudhan R. Enuganti, Frank Giaccio, Hillel Hyman, Paul Kundinger, Charles M. McInnis, Dale McKinney, Stephen Nordman, Russell Nussbaum, Victor R. Pappania. (Gross, Jefferson) (Entered: 07/10/2012)

09/11/2012 206 ORDER granting 203 Motion for Release of Funds. Signed by Judge Dee Benson on 9/10/12. (jlw) (Entered: 09/11/2012)

12/13/2012 207

Mail Returned as Undeliverable. Unable to forward/Locate. Mail sent to Scott D. McCoy. (kpf) (Entered: 12/13/2012)

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