U.S. District Court Northern District of Texas (Dallas ...securities.stanford.edu/filings-documents/1032/ZIXI04-01/20061031... · Lawrence Damian McCabe Murray Frank & Sailer LLP

US District Court Civil Docket as of 3/18/2008 Retrieved from the court on Wednesday, April 09, 2008

U.S. District Court

Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:04-cv-01931

Brody et al v. Zix Corporation et al

Date Filed: Sep. 03, 2004 Status: Closed Nature of suit: 850 Securities/Commodities Assigned to: Judge Ed Kinkeade Cause: 28:1331 Fed. Question: Securities Violation Date terminated: Apr. 17, 2007 Jurisdiction: Federal Question Jury demand: Plaintiff Member cases: 3:04-cv-01998

3:04-cv-02018 3:04-cv-02041 3:04-cv-02161 3:04-cv-02337

Parties and Attorneys Plaintiff Matt Brody On Behalf of Himself and All Others Similarly Situated

Attorneys and Firms Roger F Claxton Claxton & Hill PLLC 10000 N Central Expwy Suite 725 Dallas, TX 75231 (214) 969-9029 Fax: (214) 953-0583 [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher Nelson Schiffrin Barroway Topaz & Kessler LLP 280 King of Prussia Rd Radnor, PA 19087 (610) 667-7706 Fax: (610) 667-7056 [email protected] ATTORNEY TO BE NOTICED Eric J Belfi Murray Frank & Sailer 275 Madison Ave Suite 801

New York, NY 10016 (212) 682-1818 Fax: (212) 682-1892 FAX TERMINATED: 10/20/2006 Lawrence Damian McCabe Murray Frank & Sailer LLP 275 Madison Ave Suite 801 New York, NY 10016 (212) 682-1818 Fax: (212) 682-1892 [email protected] ATTORNEY TO BE NOTICED Mark S Danek Schiffrin Barroway Topaz & Kessler LLP 280 King of Prussia Rd Radnor, PA 19087 (610) 667-7706 Fax: (610) 667-7056 [email protected] ATTORNEY TO BE NOTICED Robert J Hill Claxton & Hill PLLC 10000 N Central Expwy Suite 725 Dallas, TX 75231 (214) 969-9029 Fax: (214) 953-0583 [email protected] ATTORNEY TO BE NOTICED Stuart L Berman Schiffrin Barroway Topaz & Kessler LLP 280 King of Prussia Rd Radnor, PA 19087 (610) 667-7706 [email protected] ATTORNEY TO BE NOTICED William S Lerach Lerach Coughlin Stoia Geller Rudman & Robbins 655 W Broadway Suite 1900 San Diego, CA 92101 (619) 231-1058 Fax: (619) 231-7423 [email protected] TERMINATED: 08/26/2005

Willie Briscoe Provost Umphrey Law Firm 3232 McKinney Ave Suite 700 Dallas, TX 75204 (214) 744-3000 Fax: (214) 744-3015 [email protected] TERMINATED: 08/26/2005

Consol Plaintiff Hershell Warner

Attorneys and Firms Roger F Claxton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff Maurice Silber

Attorneys and Firms Frank E Goodrich Baron & Budd 3102 Oak Lawn Ave Suite 1100 Dallas, TX 75219 (214) 521-3605 Fax: (214) 520-1181 FAX LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff Charles Dechter

Attorneys and Firms Roger B Greenberg Schwartz Junell Greenberg & Oathout LLP Two Houston Center 909 Fannin Suite 2700 Houston, TX 77010 (713) 752-0017 Fax: (713) 752-0327 [email protected] FAX LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff David B Lile


Consol Plaintiff Jerome Lievre

Attorneys and Firms Thomas E Bilek The Bilek Law Firm LLP 808 Travis Suite 802 Houston, TX 77002 (713) 227-7720 Fax: (713) 227-9404 [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Zix Corporation

Attorneys and Firms Gerard G Pecht Fulbright & Jaworski 1301 McKinney St Suite 5100 Houston, TX 77010-3095 (713) 651-5151 Fax: (713) 651-5246 [email protected] FAX LEAD ATTORNEY ATTORNEY TO BE NOTICED Anne M Rodgers Fulbright & Jaworski 1301 McKinney St Suite 5100 Houston, TX 77010-3095 (713) 651-3797 Fax: (713) 651-5246 [email protected] ATTORNEY TO BE NOTICED Karl G Dial Fulbright & Jaworski Texas Commerce Bank Tower 2200 Ross Ave Suite 2800 Dallas, TX 75201-2784 (214) 855-8000 Fax: (214) 855-8200 [email protected] FAX ATTORNEY TO BE NOTICED

Defendant Ronald A Woessner

Attorneys and Firms Gerard G Pecht (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED Anne M Rodgers (See above for address) ATTORNEY TO BE NOTICED Karl G Dial (See above for address) ATTORNEY TO BE NOTICED

Defendant John A Ryan

Attorneys and Firms Gerard G Pecht (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Anne M Rodgers (See above for address) ATTORNEY TO BE NOTICED Karl G Dial (See above for address) ATTORNEY TO BE NOTICED

Defendant Daniel S Nutkis


Defendant Steve M York


Defendant Russell J Morgan TERMINATED: 01/27/2006

Attorneys and Firms Gerard G Pecht (See above for address)

TERMINATED: 01/27/2006 LEAD ATTORNEY Karl G Dial (See above for address) TERMINATED: 01/27/2006

Defendant Wael Mohamed TERMINATED: 01/27/2006

Attorneys and Firms Gerard G Pecht (See above for address) TERMINATED: 01/27/2006 LEAD ATTORNEY Karl G Dial (See above for address) TERMINATED: 01/27/2006

Defendant Dennis F Heathcote


Movant C. Eric Ray

Attorneys and Firms Roger F Claxton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher Nelson (See above for address) ATTORNEY TO BE NOTICED Eric J Belfi (See above for address) TERMINATED: 10/20/2006 Eric Lechtzin Schiffrin Barroway Topaz & Kessler LLP 280 King of Prussia Rd Radnor, PA 19087 (610) 667-7706 Fax: (610) 667-7056 [email protected] Heather Tashman

Schiffrin Barroway Topaz & Kessler LLP 280 King of Prussia Rd Radnor, PA 19087 (610) 667-7706 TERMINATED: 07/20/2006 Lawrence Damian McCabe (See above for address) ATTORNEY TO BE NOTICED Mark S Danek (See above for address) ATTORNEY TO BE NOTICED Marvin L Frank Murray Frank & Sailer LLP 275 Madison Ave Suite 801 New York, NY 10016 (212) 682-1818 Fax: (212) 682-1892 [email protected] ATTORNEY TO BE NOTICED

Movant Carlo D'Amico

Attorneys and Firms Roger F Claxton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher Nelson (See above for address) ATTORNEY TO BE NOTICED Eric J Belfi (See above for address) TERMINATED: 10/20/2006 Eric Lechtzin (See above for address) Heather Tashman (See above for address) TERMINATED: 07/20/2006 Lawrence Damian McCabe (See above for address) ATTORNEY TO BE NOTICED Mark S Danek (See above for address) ATTORNEY TO BE NOTICED Marvin L Frank (See above for address) ATTORNEY TO BE NOTICED

Movant Joseph Simone

Attorneys and Firms Roger F Claxton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher Nelson (See above for address) ATTORNEY TO BE NOTICED Eric J Belfi (See above for address) TERMINATED: 10/20/2006 Eric Lechtzin (See above for address) Heather Tashman (See above for address) TERMINATED: 07/20/2006 Lawrence Damian McCabe (See above for address) ATTORNEY TO BE NOTICED Mark S Danek (See above for address) ATTORNEY TO BE NOTICED Marvin L Frank (See above for address) ATTORNEY TO BE NOTICED

Movant Terry Shinabarker

Attorneys and Firms Roger F Claxton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher Nelson (See above for address) ATTORNEY TO BE NOTICED Eric J Belfi (See above for address) TERMINATED: 10/20/2006 Eric Lechtzin (See above for address) Heather Tashman (See above for address) TERMINATED: 07/20/2006 Lawrence Damian McCabe (See above for address) ATTORNEY TO BE NOTICED Mark S Danek (See above for address) ATTORNEY TO BE NOTICED

Marvin L Frank (See above for address) ATTORNEY TO BE NOTICED

Movant Michael Prestash

Attorneys and Firms Roger F Claxton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas A Dubbs Goodkind Labaton Rudoff & Sucharow 100 Park Avenue New York, NY 10017-5563 (212) 907-0700 Fax: (212) 818-0477 FAX

Movant Kevin Holsopple

Attorneys and Firms Roger F Claxton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas A Dubbs (See above for address)

Movant Richard Krahn


Movant Virginia Pepe


Movant Roy Siegel


Thomas A Dubbs (See above for address)

Movant Michael Abramow

Attorneys and Firms Roger F Claxton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric J Belfi (See above for address) TERMINATED: 10/20/2006 Stuart L Berman (See above for address) ATTORNEY TO BE NOTICED William S Lerach (See above for address) TERMINATED: 08/26/2005 Willie Briscoe (See above for address) TERMINATED: 08/26/2005

Movant Alfred Gentile

Attorneys and Firms Andrew W Yung Scott Yung 208 N Market St Suite 200 Dallas, TX 75202 (214) 220-0422 Fax: (214) 220-9932 [email protected] FAX LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew M Schatz Schatz Nobel Izard PC 20 Church Street Suite 1700 Hartford, CT 06103 (860) 493-6292 Fax: (860) 493-6290 [email protected] PRO HAC VICE Jeffrey S Nobel Schatz Nobel Izard PC One Corporate Center 20 Church St Suite 1700 Hartford, CT 06103 (860) 493-6292

Fax: (860) 493-6290 [email protected] FAX PRO HAC VICE

Docket ProceedingsReverse Proceedings

Req # Filed # Docket Text 1 Sep. 03, 2004 1 COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES

LAWS against Dennis F Heathcote, Wael Mohamed, Russell J Morgan, Daniel S Nutkis, John A Ryan, Ronald A Woessner, Steve M York, Zix Corporation ( Filing fee $150; Receipt number 210835), filed by Matt Brody.(klm, ) (Entered: 09/07/2004)

2 Sep. 03, 2004 ***Magistrate Judge Kaplan chosen by random selection to handle matters that may be referred in this case. (klm, ) (Entered: 09/07/2004)

3 Sep. 03, 2004 DEMAND for Trial by Jury by Matt Brody. (see image 1) (klm, ) (Entered: 09/07/2004)

4 Sep. 03, 2004 2 Summons Issued as to Dennis F Heathcote, Wael Mohamed, Russell J Morgan, Daniel S Nutkis, John A Ryan, Ronald A Woessner, Steve M York, Zix Corporation. (klm, ) (Entered: 09/07/2004)

5 Sep. 03, 2004 3 CERTIFICATE OF INTERESTED PERSONS by Matt Brody. (klm, ) (Entered: 09/07/2004)

6 Nov. 02, 2004 4 MOTION for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Choice of Counsel by Alfred Gentile (klm, ) (Entered: 11/04/2004)

7 Nov. 02, 2004 5 Memorandum in Support re 4 MOTION for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Choice of Counsel filed by Alfred Gentile. (klm, ) (Entered: 11/04/2004)

8 Nov. 02, 2004 6 Declaration of Andrew W. Yung for Alfred Gentile. (klm, ) (Entered: 11/04/2004)

9 Nov. 02, 2004 7 MOTION to Consolidate Actions, to be Appointed Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel by C. Eric Ray, Carlo D'Amico, Joseph Simone, Terry Shinabarker (klm, ) (Entered: 11/04/2004)

10 Nov. 02, 2004 8 Memorandum of Law in Support re 7 MOTION of The Shinabarker Group to Consolidate Actions, to be Appointed Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel filed by Carlo D'Amico, C. Eric Ray, Terry Shinabarker, Joseph Simone. (klm, ) (Entered: 11/04/2004)

11 Nov. 02, 2004 9 Appendix in Support re 7 MOTION of The Shinabarker Group to Consolidate Actions, to be Appointed Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel filed by Carlo D'Amico, C. Eric Ray, Terry Shinabarker, Joseph Simone. (klm, ) (Entered: 11/04/2004)

12 Nov. 02, 2004 10 MOTION of The Seigel Group for Consolidation of Related Actions, Appointment as Lead Plaintiff and Approval Proposed Lead Plaintiff's Selection of Lead Counsel by Michael Prestash, Kevin Holsopple, Richard Krahn, Virginia Pepe, Roy Siegel (klm, ) (Entered: 11/04/2004)

13 Nov. 02, 2004 11 Memorandum in Support re 10 MOTION of the Seigel Group for Consolidation of Related Actions, Appointment as Lead Plaintiff and

Req # Filed # Docket Text Approval of Proposed Lead Plaintiff's Selection of Lead Counsel filed by Kevin Holsopple, Richard Krahn, Virginia Pepe, Michael Prestash, Roy Siegel. (klm, ) (Entered: 11/04/2004)

14 Nov. 02, 2004 12 Appendix in Support re 10 MOTION of The Seigel Group for Consolidation of Related Actions, Appointment as Lead Plaintiff and Approval of Proposed Lead Plaintiff's Selection of Lead Counsel filed by Kevin Holsopple, Richard Krahn, Virginia Pepe, Michael Prestash, Roy Siegel. (klm, ) (Entered: 11/04/2004)

15 Nov. 02, 2004 13 MOTION to Appoint The Brody Group as Lead Plaintiff Pursuant to 21D(A)(3)(B) of the Securities Exchange Act of 1934, to Approve Lead Plaintiff's Selection of Lead Counsel and to Consolidate Related Actions Pursuant to Rule 42A) of the FRCvP by Michael Abramow, Matt Brody and Memorandum of Law in Support Thereof. (klm, ) (Entered: 11/04/2004)

16 Nov. 02, 2004 14 AFFIDAVIT of Willie Briscoe re 13 MOTION to Appoint The Brody Group as Lead Plaintiff Pursuant to 21D(A)(3)(B) of the Securities Exchange Act of 1934, to Approve Lead Plaintiff's Selection of Lead Counsel and to Consolidate Related Actions. (klm, ) (Entered: 11/04/2004)

17 Nov. 02, 2004 31 MOTION for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Choice of Counsel by Alfred Gentile (Attachments: # 1 Memorandum in Support)(lrl, ) Additional attachment(s) added on 8/3/2005 (lrl, ). (Entered: 08/03/2005)

18 Nov. 22, 2004 15 Joint Declaration by Michael Abramow, Matt Brody. (kdc, ) (Entered: 11/23/2004)

19 Nov. 22, 2004 16 The Brody Group's Opposition re 4 MOTION for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Choice of Counsel filed by Michael Abramow, Matt Brody. (kdc, ) (Entered: 11/23/2004)

20 Nov. 22, 2004 17 Memorandum of Law of the Siegel Group in Opposition to all Other Motions for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel. (kdc, ) (Entered: 11/23/2004)

21 Nov. 22, 2004 18 Declaration of Leonard Epstein in Support of the 17 Memorandum of Law of the Siegel Group in Opposition to all Other Motions for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. (kdc, ) (Entered: 11/23/2004)

22 Nov. 22, 2004 19 Appendix in Support re 16 The Brody Group's Opposition to MOTION for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Choice of Counsel filed by Michael Abramow, Matt Brody. (kdc, ) (Entered: 11/23/2004)

23 Nov. 22, 2004 20 Memorandum of Points and Authorities in Further Support re 7 MOTION to Appoint the Shinbarker Group as Lead Pla and for the Approval of Lead Counsel; and in Opposition to Competing Motions filed by Carlo D'Amico, C. Eric Ray, Terry Shinabarker, Joseph Simone. (lrl, ) (Entered: 11/23/2004)

24 Nov. 22, 2004 21 Appendix in Opposition to Competing Motions and in Further Support re 7 MOTION to Appoint the Shinbarker Group as Lead Pla and for Approval of Counsel filed by Carlo D'Amico, C. Eric Ray, Terry Shinabarker, Joseph Simone. (lrl, ) (Entered: 11/23/2004)

25 Dec. 07, 2004 22 Reply Memorandum of Law in Support re 13 MOTION for Appointment

Req # Filed # Docket Text as Lead Plaintiff filed by Michael Abramow, Matt Brody. (klm, ) (Entered: 12/08/2004)

26 Dec. 07, 2004 23 Reply Memorandum of Law in Further Support re 10 MOTION for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel filed by Roy Siegel. (klm, ) (Entered: 12/08/2004)

27 Dec. 07, 2004 24 Reply Memorandum of Points and Authorities in Further Support re 7 MOTION to Appoint The Shinabarker Group as Lead Plaintiff and for Approval of Lead Counsel, and in Opposition to Competing Motions filed by Carlo D'Amico, C. Eric Ray, Terry Shinabarker, Joseph Simone. (klm, ) (Entered: 12/08/2004)

28 Dec. 07, 2004 25 Appendix in Support re 24 Reply Memorandum of Points and Authorities in Further Support of Motion to Appoint The Shinabaker Group as Lead Plaintiff and for Approval of Counsel, and in Opposition to Competing Motions filed by Carlo D'Amico, C. Eric Ray, Terry Shinabarker, Joseph Simone. (klm, ) (Entered: 12/08/2004)

29 Dec. 17, 2004 26 STIPULATION and proposed agreed consolidation scheduling order by Wael Mohamed, Dennis F Heathcote, Matt Brody, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York, Russell J Morgan. (aat, ) (Entered: 12/20/2004)

30 Dec. 17, 2004 27 STIPULATION and [Proposed] Agreed Consolidation and Scheduling Order by Matt Brody, Alfred Gentile, Terry Shinabarker. (lmr, ) (Entered: 12/20/2004)

31 Dec. 17, 2004 NOTICE of Docket Text/Document Modification by Deputy Clerk regarding 27 STIPULATION and [Proposed] Agreed Consolidation and Scheduling Order. Docketed in wrong case should be in case no. 3:04cv2161-D. (lmr, ) (Entered: 12/20/2004)

32 Jan. 03, 2005 28 ORDER CONSOLIDATING CASES: Case consolidated with 3:04-CV-1998, 3:04-CV-2018, 3:04-CV-2041, 3:04-CV-2161, 3:04-CV-2337. All further documents filed in the Actions need only be filed in Case No. 3:04-CV-1931-K. [see order for specifics] (Signed by Judge Ed Kinkeade on 12/30/04) (cxb, ) (Entered: 01/04/2005)

33 Jun. 20, 2005 29 Letter to the Court filed by attorney for defendants C. Eric Ray, Carlo D'Amico, Joseph Simone, Terry Shinabarker. (klm, ) (Entered: 06/21/2005)

34 Jul. 11, 2005 30 MEMORANDUM OPINION AND ORDER granting 7 Motion to be Appointed Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel. The remaining motions for lead counsel are denied. Included in these competing motions are requests the Court consolidate the seven separate cases. In a previous order dated 1/3/05, the Court consolidated the cases; therefore, these requests are moot. [see order for specifics] (Signed by Judge Ed Kinkeade on 7/11/05) (cxb, ) (Entered: 07/12/2005)

35 Jul. 11, 2005 NOTICE of Docket Text/Document Modification by Deputy Clerk regarding Order 30 ; Per chambers, case number 3:04cv2113-K was inadvertently included in the caption. That case is not a consolidated case and the order does not apply to that case. This entry shall serve as notice to counsel of same. (lrl, ) (Entered: 08/03/2005)

36 Aug. 05, 2005 32 Application and Order for Admission Pro Hac Vice by Heather Tashman for Joseph Simone; Terry Shinabarker; C. Eric Ray and Carlo D'Amico

Req # Filed # Docket Text (The Shinabarker Group). (Signed by Judge Ed Kinkeade on 8/5/05) (cxb, ) (Entered: 08/08/2005)

37 Aug. 05, 2005 33 Application and Order for Admission Pro Hac Vice by Eric Lechtzin for Joseph Simone; Terry Shinabarker; C. Eric Ray and Carlo D'Amico (The Shinabarker Group). (Signed by Judge Ed Kinkeade on 8/5/05) (cxb, ) (Entered: 08/08/2005)

38 Aug. 05, 2005 34 ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Joint Report shall be filed no later than 21 days from the date of the scheduling conference. [see order for specifics] (Signed by Judge Ed Kinkeade on 8/5/05) (cxb, ) (Entered: 08/08/2005)

39 Aug. 26, 2005 35 NOTICE OF WITHDRAWAL OF COUNSEL by Matt Brody. (cxb, ) (Entered: 08/31/2005)

40 Aug. 29, 2005 36 Mail Returned as Undeliverable. 34 Order for Scheduling Order Proposal received back from Jeffrey S. Nobel as Forwarding Order Expired. (cxb, ) (Entered: 08/31/2005)

41 Sep. 06, 2005 38 JOINT REPORT/Proposal for contents of scheduling and discovery order by Wael Mohamed, Dennis F Heathcote, C. Eric Ray, Carlo D'Amico, Joseph Simone, Terry Shinabarker, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York, Russell J Morgan. (cxb, ) (Entered: 09/07/2005)

42 Sep. 20, 2005 39 AGREED MOTION to Extend Time from the dates set forth in the Parties' Joint Report Regarding Contents of Scheduling Order by Matt Brody, Zix Corporation, Ronald A Woessner, John A Ryan. (cxb, ) (Entered: 09/21/2005)

43 Sep. 23, 2005 40 JOINT STIPULATION AND ORDER FOR A TWO WEEK EXTENSION OF TIME: Plaintiff will have until 10/24/05, to file and serve their consolidated amended class action complaint. Defendants will have until 1/23/06 to answer the complaint or otherwise move. [see order for specifics] (Signed by Judge Ed Kinkeade on 9/22/05) (cxb, ) (Entered: 09/26/2005)

44 Oct. 11, 2005 41 Mail Returned as Undeliverable. 40 Order received back from Jeffrey S. Nobel as RTS, forward order expired. (cxb, ) (Entered: 10/13/2005)

45 Oct. 24, 2005 42 AGREED MOTION for a four day extension of time to file an amended class action complaint by Wael Mohamed, Dennis F Heathcote, Matt Brody, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York, Russell J Morgan. (cxb, ) (Entered: 10/25/2005)

46 Oct. 28, 2005 43 CONSOLIDATED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS against Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York, filed by C. Eric Ray, Carlo D'Amico, Joseph Simone, Terry Shinabarker.(cxb, ) (Entered: 11/02/2005)

47 Nov. 01, 2005 44 ORDER granting 42 Agreed Motion to Extend Time. Plaintiff's consolidated amended complaint is due on 10/28/05; Defendants' answer or motion in response is due 1/27/06. [see order for specifics] (Signed by Judge Ed Kinkeade on 10/31/05) (cxb, ) (Entered: 11/02/2005)

48 Nov. 22, 2005 45 Standing Order Designating Case for ECF - see order for specifics. (kdc, ) (Entered: 11/22/2005)

49 Jan. 17, 2006 46 MOTION Enlarge Page Limit by Dennis F Heathcote, Zix Corporation,

Req # Filed # Docket Text Ronald A Woessner, John A Ryan, Daniel S Nutkis (Dial, Karl) (Entered: 01/17/2006)

50 Jan. 24, 2006 47 NOTICE by Terry Shinabarker of Voluntary Dismissal of Defendants Morgan and Mohamed Only, Without Prejudice (Claxton, Roger) (Entered: 01/24/2006)

51 Jan. 24, 2006 48 Agreed Motion for Extension of Time to File Answer by Dennis F Heathcote, Matt Brody, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York (Attachments: # 1 Text of Proposed Order)(Dial, Karl) (Entered: 01/24/2006)

52 Jan. 25, 2006 49 ORDER granting 46 Unopposed Motion to enlarge page limits. [see order for specifics] (Signed by Judge Ed Kinkeade on 1/24/06) (cxb, ) (Entered: 01/26/2006)

53 Jan. 27, 2006 50 ORDER: Lead Plaintiffs have filed a Notice of Voluntary Dismissal as to Defendants Russell J. Morgan and Wael Mohamed. Said case is therefore DISMISSED without prejudice as to Defendants Russell J. Morgan and Wael Mohamed. (Signed by Judge Ed Kinkeade on 1/25/06) (cxb, ) (Entered: 01/27/2006)

54 Jan. 27, 2006 51 AGREED ORDER granting 48 Motion for Extension of Time to File Answer re 43 Amended Complaint. Defendants answer due 2/17/2006.[see order for specifics] (Signed by Judge Ed Kinkeade on 1/25/06) (cxb, ) (Entered: 01/27/2006)

55 Feb. 10, 2006 52 AMENDED DOCUMENT by Terry Shinabarker. Amendment to 43 Amended Complaint,. Corrected page 9 and letter to Jennifer Jeffress. (Attachments: # 1)(Claxton, Roger) (Entered: 02/10/2006)

56 Feb. 17, 2006 53 MOTION to Dismiss by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York with Brief in Support. (Dial, Karl) (Entered: 02/17/2006)

57 Feb. 17, 2006 54 Appendix in Support re 53 MOTION to Dismiss filed by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York. (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)(Dial, Karl) (Entered: 02/17/2006)

58 Mar. 15, 2006 55 Unopposed MOTION exceed page limit by Terry Shinabarker (Claxton, Roger) (Entered: 03/15/2006)

59 Apr. 11, 2006 56 Joint MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss, 51 Order on Motion for Extension of Time to File Answer by Dennis F Heathcote, Matt Brody, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York (Claxton, Roger) (Entered: 04/11/2006)

60 Apr. 11, 2006 57 AGREED ORDER granting 55 Motion to exceed page limit. The page limit for Lead Plaintiffs' response to Defendants' motion to dismiss is extended to forty (40) pages. (Signed by Judge Ed Kinkeade on 4/7/06) (cxb, ) (Entered: 04/11/2006)

61 Apr. 19, 2006 58 AGREED ORDER granting 56 Motion to Extend Time to File Response to motion to dismiss. Response due by 5/2/2006. Reply due by 6/16/2006. (Signed by Judge Ed Kinkeade on 4/18/06) (cxb, ) (Entered: 04/19/2006)

62 May 02, 2006 59 RESPONSE in Opposition filed by C. Eric Ray, Carlo D'Amico, Joseph

Req # Filed # Docket Text Simone, Terry Shinabarker re 53 MOTION to Dismiss (Claxton, Roger) (Entered: 05/02/2006)

63 May 02, 2006 60 Appendix in Support filed by C. Eric Ray, Carlo D'Amico, Joseph Simone, Terry Shinabarker re 59 Response in Opposition to Defendants' Motion to Dismiss (Claxton, Roger) (Entered: 05/02/2006)

64 May 03, 2006 61 CORRECTED RESPONSE in Opposition filed by C. Eric Ray, Carlo D'Amico, Joseph Simone, Terry Shinabarker re 53 MOTION to Dismiss, 60 Appendix in Support -Corrected Response (Claxton, Roger) Modified on 5/3/2006 (svc, ). (Entered: 05/03/2006)

65 Jun. 09, 2006 62 Joint MOTION to Extend Time Enlarge Time and Page Limits for Defendants' Reply in Support of Motion to Dismiss by Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York (Pecht, Gerard) (Entered: 06/09/2006)

66 Jun. 14, 2006 63 ORDER granting 62 Joint Motion to Enlarge Time and Page Limits for Defendants' Reply in Support of Motion to Dismiss. Replies due by 6/30/2006. The page limit for Defendants' Reply is hereby enlarged to 20 pages, exclusive of cover page, tables of contents and authorities, signature blocks, and certificate of service. (Signed by Judge Ed Kinkeade on 6/14/2006) (kdc, ) (Entered: 06/15/2006)

67 Jun. 30, 2006 64 REPLY filed by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York re 53 MOTION to Dismiss (Pecht, Gerard) (Entered: 06/30/2006)

68 Jul. 20, 2006 65 NOTICE of Withdrawal of Appearance of counsel, Heather Tashman, for the Shinabarker Group. (jyg, ) (Entered: 07/21/2006)

69 Sep. 26, 2006 66 Memorandum Opinion and Order denying 53 Motion to Dismiss filed by Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York, Dennis F Heathcote. The court finds that Plaintiff's complaint sufficiently alleges a Section 10(b) fraud claim against Defendants with the requisite particularity. Plaintiff's complaint also sufficiently alleges a Section 20(a) claim against Defendants with the requisite notice. - (see order for specifics) (Signed by Judge Ed Kinkeade on 9/26/2006) (kdc, ) (Entered: 09/26/2006)

70 Oct. 16, 2006 67 NOTICE of Attorney Appearance by Marvin L Frank on behalf of C. Eric Ray, Carlo D'Amico, Joseph Simone, Terry Shinabarker (Frank, Marvin) (Entered: 10/16/2006)

71 Oct. 16, 2006 68 NOTICE of Attorney Appearance by Lawrence Damian McCabe on behalf of C. Eric Ray, Carlo D'Amico, Joseph Simone, Terry Shinabarker (McCabe, Lawrence) (Entered: 10/16/2006)

72 Oct. 17, 2006 69 Consent MOTION to Withdraw Counsel by C. Eric Ray, Carlo D'Amico, Joseph Simone, Terry Shinabarker (Frank, Marvin) (Entered: 10/17/2006)

73 Oct. 20, 2006 70 ORDER granting 69 Consent Motion to Withdraw. Eric J Belfi shall be withdrawn as an attorney of record for Lead Plaintiff the Shinabarker Group. (Signed by Judge Ed Kinkeade on 10/20/06) (cxb, ) (Entered: 10/24/2006)

74 Oct. 31, 2006 71 ANSWER to Amended Complaint by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York(Pecht, Gerard) (Entered: 10/31/2006)

75 Nov. 07, 2006 72 MOTION for Reconsideration re 66 Memorandum Opinion and Order,,

Req # Filed # Docket Text by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York (Attachments: # 1 Exhibit Zapata Slip Opinion)(Pecht, Gerard) (Entered: 11/07/2006)

76 Nov. 20, 2006 73 Application and Order for Admission Pro Hac Vice by Mark S Danek for Carlo D'Amico, Terry Shinabarker and Joseph Simone. (Signed by Judge Ed Kinkeade on 11/20/06) (cxb, ) (Entered: 11/21/2006)

77 Nov. 28, 2006 74 RESPONSE in Opposition filed by C. Eric Ray, Carlo D'Amico, Joseph Simone, Terry Shinabarker re 72 MOTION for Reconsideration re 66 Memorandum Opinion and Order,, (Claxton, Roger) (Entered: 11/28/2006)

78 Dec. 13, 2006 75 REPLY filed by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York re 72 MOTION for Reconsideration re 66 Memorandum Opinion and Order. (Attachments: # 1 Original NEF) (Pecht, Gerard) (cxb, ) (Entered: 12/14/2006)

79 Feb. 25, 2007 76 ORDER denying 72 Defendant's Motion for Reconsideration of Order denying Motion to Dismiss. (Signed by Judge Ed Kinkeade on 2/25/07) (cxb) (Entered: 02/26/2007)

80 Feb. 25, 2007 77 Order Requiring Scheduling Conference and Report for Contents of Scheduling Order: Joint Report shall be filed no later than 21 days from the date of the scheduling conference. [see order for specifics] (Signed by Judge Ed Kinkeade on 2/25/07) (cxb) (Entered: 02/26/2007)

81 Apr. 06, 2007 78 Joint Report Pursuant to R. 26(f) by Matt Brody, the Shinabarker Group, John A Ryan, Daniel S Nutkis, Steve M York, Ronald A Woessner, Dennis F Heathcoate, Zix Corporation. (Claxton, Roger) Modified on 4/9/2007 (cxb). (Entered: 04/06/2007)

82 Apr. 10, 2007 Minute Entry for proceedings held before Judge Ed Kinkeade: Telephone Conference held - Court to issue an expedited scheduling order. (Court Reporter Not Present.) Time in Court: 15 Minutes. (NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY). (rrj) (Entered: 04/10/2007)

83 Apr. 13, 2007 79 MOTION to Certify Class by C. Eric Ray, Carlo D'Amico, Joseph Simone, Terry Shinabarker with Brief in Support. (Claxton, Roger) (Entered: 04/13/2007)

84 Apr. 13, 2007 80 Appendix in Support filed by C. Eric Ray, Carlo D'Amico, Joseph Simone, Terry Shinabarker re 79 MOTION to Certify Class (Claxton, Roger) (Entered: 04/13/2007)

85 Apr. 17, 2007 81 Order Directing Administrative Closure. Upon ruling on Plaintiff's Motion to Certify Class, the Court will then immediately reopen this case. A scheduling order for this case will be issued by separate order on this date. [see order for specifics] (Signed by Judge Ed Kinkeade on 4/17/07) (dist-cxb) (Entered: 04/17/2007)

86 Apr. 17, 2007 82 SCHEDULING ORDER: This case is set for JURY trial on the Court's three-week docket beginning June 2, 2008. Amended Pleadings due by 8/17/2007. Discovery due by 12/14/2007. Joinder of Parties due by 8/17/2007. Motions due by 1/18/2008. Proposed Pretrial Order due by 5/20/2008. Pretrial Materials due by 5/20/2008. [see order for specifics] (Signed by Judge Ed Kinkeade on 4/17/07) (dist-cxb) (Entered: 04/17/2007)

Req # Filed # Docket Text 87 May 01, 2007 83 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE

STATEMENT by Russell J Morgan, Wael Mohamed, Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York,. (Rodgers, Anne) Modified on 5/2/2007 (cxb). (Entered: 05/01/2007)

88 May 01, 2007 84 AMENDED CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York. (Rodgers, Anne) Modified on 5/2/2007 (cxb). (Entered: 05/01/2007)

89 May 01, 2007 85 Application and Order for Admission Pro Hac Vice by Mark S Danek for Terry Shinabarker, Joseph Simone, Carlo D'Amico and C. Eric Ray. (Signed by Judge Ed Kinkeade on 5/1/07) [Mailed copy of order to attorney Danek, notice turned off, no email address.] (dist-cxb) Modified on 5/8/2007, notice turned on. (cxb). (Entered: 05/02/2007)

90 May 01, 2007 86 Application and Order for Admission Pro Hac Vice by Christopher Nelson for Terry Shinabarker, Joseph Simone, Carlo D'Amico and C. Eric Ray. (Signed by Judge Ed Kinkeade on 5/1/07) [Mailed copy of order to attorney Nelson, notice turned off, no email address.] (dist-cxb) Modified on 5/8/2007, notice turned on. (cxb). (Entered: 05/02/2007)

91 May 07, 2007 87 Defendant's Emergency Motion to Compel Production of Documents and Answers to Interrogatories by Zix Corporation and Brief in Support. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M# 15 Exhibit N) (Rodgers, Anne) Modified on 5/8/2007 (cxb). (Entered: 05/07/2007)

92 May 08, 2007 88 STIPULATION by Joseph Simone to Withdraw Joseph Simone as Lead Plaintiff and Proposed Class Representative. (Claxton, Roger) (Entered: 05/08/2007)

93 May 09, 2007 89 ORDER REFERRING MOTION to Judge Kaplan: 87 Motion to Compel Production of Documents and Answers to Interrogatories filed by Zix Corporation. Motions referred to Jeff Kaplan. (Signed by Judge Ed Kinkeade on 5/9/07) (dist-cxb) (Entered: 05/09/2007)

94 May 09, 2007 90 Standing Order for Electronic Filings Related to Matters Referred to the United States Magistrate Judge - see order for specifics. (Signed by Judge Jeff Kaplan on 5/9/07) (dist-cxb) (Entered: 05/09/2007)

95 May 09, 2007 91 ORDER PURSUANT TO STIPULATION TO WITHDRAW PLAINTIFF JOSEPH SIMONE AS LEAD PLAINTIFF AND PROPOSED CLASS REPRESENTATIVE: ORDERED that Joseph Simone is withdrawn as a Lead Plaintiff and proposed class representative without waiving his rights as an absent class member of the putative class and Defendant Zix Corporation's First Set of Interrogatories to Plaintiff Joseph Simone and Defendant Zix Corporation's First Set of Requests for Production to Plaintiff Joseph Simone are deemed withdrawn. (Signed by Judge Ed Kinkeade on 5/9/07) (dist-cxb) (Entered: 05/10/2007)

96 May 10, 2007 92 ORDER: Joint Status Report due by 5/21/2007. [see order for specifics] (Signed by Judge Jeff Kaplan on 5/10/07) (cxb) (Entered: 05/10/2007)

Req # Filed # Docket Text 97 May 21, 2007 93 JOINT STATUS REPORT by Dennis F Heathcote, C. Eric Ray, Carlo

D'Amico, Terry Shinabarker, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York. (Attachments: # 1 Exhibit A) (Rodgers, Anne) Modified on 5/22/2007 (cxb). (Entered: 05/21/2007)

98 May 25, 2007 94 Memorandum Order granting in part and denying in party 87 Emergency Motion to Compel Discovery, filed by Zix Corporation. Plaintiffs shall supplement their answers to these interrogatories and produce responsive documents in accordance with this ruling by June 8,2007. In all other respects, defendant's motion is denied. See order for details. (Signed by Judge Jeff Kaplan on May 25, 2007) (jyg) (Entered: 05/25/2007)

99 May 30, 2007 95 Designation of Mediator by Dennis F Heathcote, C. Eric Ray, Carlo D'Amico, Terry Shinabarker, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York. (Rodgers, Anne) (Entered: 05/30/2007)

100 Jun. 08, 2007 96 OBJECTIONS filed by C. Eric Ray, Carlo D'Amico, Terry Shinabarker re 94 Memorandum Opinion and Order of Magistrate Judge Kaplan. (Attachments: # 1 Appendix Appendix in Support) (Claxton, Roger) Modified on 6/11/2007 (cxb). (Entered: 06/08/2007)

101 Jun. 18, 2007 97 RESPONSE in Opposition filed by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York re 96 Response to Order and Brief in Support. (Attachments: # 1 Text of Proposed Order) (Rodgers, Anne) Modified on 6/19/2007 (cxb). (Entered: 06/18/2007)

102 Jun. 29, 2007 98 MOTION to Compel Arbitration and Dismiss Claims of Plaintiff C. Eric Ray by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York (Attachments: # 1 Text of Proposed Order # 2 Appendix) (Rodgers, Anne) (Entered: 06/29/2007)

103 Jul. 03, 2007 99 STIPULATION by Matt Brody and Joint Motion to Enlarge Time. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Stipulation) (McCabe, Lawrence) (Entered: 07/03/2007)

104 Jul. 03, 2007 (Stipulation and) Joint MOTION to Enlarge Time for Lead Plaintiff's Reply in Support of 96 Objections to Memorandum Order of Magistrate Judge Kaplan by Matt Brody (See document #99 for image) (skt) (Entered: 07/05/2007)

105 Jul. 10, 2007 100 Notice of Manual Filing of Reply in Further Support of Objections to Memorandum Order of Magistrate Judge Kaplan and Appendix by C. Eric Ray, Carlo D'Amico, Terry Shinabarker (Claxton, Roger) (Entered: 07/10/2007)

106 Jul. 12, 2007 103 ORDER granting (Stipulation and) Joint MOTION to Enlarge Time for Lead Plaintiff's Reply in Support of Objections to Memorandum Order. (Signed by Judge Ed Kinkeade on 7/12/07) (npk) (Entered: 07/12/2007)

107 Jul. 16, 2007 104 MOTION to Strike 96 Response to Order Defendants' (1) Motion to Strike Plaintiffs' Reply and Appendix in Support of Objections to Magistrate Judge Kaplan's Order, (2) Motion to Compel Plaintiffs to Comply with the Order, and (3) Brief in Support by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York with Brief in Support. (Attachments: # 1 Text of Proposed Order) (Rodgers, Anne) (Entered: 07/16/2007)

108 Jul. 16, 2007 Defendants' ((1) Motion to Strike Plaintiffs' Reply and Appendix in

Req # Filed # Docket Text Support of Objections to Magistrate Judge Kaplan's Order,) (2) MOTION to Compel Plaintiffs to Comply with the Order, (and (3) Brief in Support) by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York (See document #104 for image.) (skt) (Entered: 07/17/2007)

109 Jul. 19, 2007 105 RESPONSE in Opposition filed by C. Eric Ray re 98 Defendants' Motion to Compel Arbitration. (Attachments: # 1 Appendix in Opposition to Defendant Zix's Motion to Compel Arbitration) (Claxton, Roger) Modified on 7/20/2007 (klm). (Entered: 07/19/2007)

110 Jul. 19, 2007 106 Notice of Manual Filing of Tab 3 of Appendix by C. Eric Ray re 105 Response in Opposition (Claxton, Roger) (Entered: 07/19/2007)

111 Jul. 20, 2007 107 RESPONSE in Opposition filed by C. Eric Ray, Carlo D'Amico, Joseph Simone, Terry Shinabarker to 104 MOTION to Strike 96 Response to Order Defendants' (1) Motion to Strike Plaintiffs' Reply and Appendix in Support of Objections to Magistrate Judge Kaplan's Order, (2) Motion to Compel Plaintiffs to Comply with the Order, (Claxton, Roger) Modified on 7/23/2007 (jb). (Entered: 07/20/2007)

112 Jul. 23, 2007 109 REPLY filed by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York re 104 MOTION to Strike 96 Response to Order Defendants' (1) Motion to Strike Plaintiffs' Reply and Appendix in Support of Objections to Magistrate Judge Kaplan's Order, (2) Motion to Compel Plaintiffs to Comply with the Order, and (3) Br MOTION to Strike 96 Response to Order Defendants' (1) Motion to Strike Plaintiffs' Reply and Appendix in Support of Objections to Magistrate Judge Kaplan's Order, (2) Motion to Compel Plaintiffs to Comply with the Order, and (3) Br (Pecht, Gerard) (Entered: 07/23/2007)

113 Jul. 27, 2007 110 Preliminary Opposition filed by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York re 79 MOTION to Certify Class Defendants' Preliminary Opposition to Plaintiffs' Motion for Class Certification and Brief in Support (Attachments: # 1 Text of Proposed Order # 2 Exhibit A) (Rodgers, Anne) Modified on 7/30/2007 (jb). (Entered: 07/27/2007)

114 Jul. 30, 2007 111 Supplemental Document by C. Eric Ray, Carlo D'Amico, Joseph Simone, Terry Shinabarker as to 79 MOTION to Certify Class - Declaration of Scott Hakala, PhD., CFA, in Support of Plaintiff's Motion for Class Certification. (Claxton, Roger) (Entered: 07/30/2007)

115 Jul. 31, 2007 112 Supplemental Document by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, Daniel S Nutkis, Steve M York as to 97 Response in Opposition, Defendants' Citation of Supplemental Authority in Further Support of Their Response to Plaintiffs' Objections to Magistrate Judge Kaplan's Order. (Attachments: # 1 Exhibit A) (Rodgers, Anne) (Entered: 07/31/2007)

116 Aug. 03, 2007 113 REPLY filed by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York re 98 MOTION to Compel Arbitration and Dismiss Claims of Plaintiff C. Eric Ray (Rodgers, Anne) (Entered: 08/03/2007)

117 Aug. 07, 2007 115 MOTION to Strike 111 Supplemental Declaration of Scott D. Hakala, ALternative Motion to Modify Scheduling Order and Brief in Support by

Req # Filed # Docket Text Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis. (Rodgers, Anne) Modified on 8/7/2007 (klm). (Entered: 08/07/2007)

118 Aug. 07, 2007 116 Appendix in Support filed by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis re 115 MOTION to Strike Supplemental Declaration of Scott D. Hakala, ALternative Motion to Modify Scheduling Order and Brief in Support. (Rodgers, Anne) Modified on 8/7/2007 (klm). (Entered: 08/07/2007)

119 Aug. 07, 2007 MOTION to Modify 82 Scheduling Order and Brief in Support by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis. (klm) (see doc. no. 115 for image) (Entered: 08/07/2007)

120 Aug. 14, 2007 117 RESPONSE in Opposition filed by C. Eric Ray, Carlo D'Amico, Joseph Simone, Terry Shinabarker re 115 MOTION to Strike Defendants' Motion to Strike Supplemental Declaration of Scott D. Hakala, ALternative Motion to Modify Scheduling Order and Brief in Support (Attachments: # 1 Appendix To Lead Plaintiffs' Opposition to Motion to Strike Hakala Supplemental Declaration) (Claxton, Roger) (Entered: 08/14/2007)

121 Aug. 14, 2007 Lead Plaintiff's (Opposition to Defendants' Motion to Strike Supplemental Declaration of Scott D. Hakala or, in the Alternative), MOTION to Modify the 82 Scheduling Order by C. Eric Ray, Carlo D'Amico, Joseph Simone, Terry Shinabarker. (See document #117 for image) (skt) (Entered: 08/15/2007)

122 Aug. 16, 2007 118 Lead Plaintiff's Reply Memorandum filed by C. Eric Ray, Carlo D'Amico, Terry Shinabarker of 79 Motion in Further Support for Class Certification (Attachments: # 1 Appendix Part 1# 2 Appendix Part 2# 3 Appendix Part 3) (Claxton, Roger) Modified on 8/17/2007 (skt). (Entered: 08/16/2007)

123 Sep. 04, 2007 119 MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion for Class Certification by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York with Brief/Memorandum in Support. (Attachments: # 1 Exhibit Sur-Reply) (Rodgers, Anne) (Entered: 09/04/2007)

124 Sep. 18, 2007 120 ORDER granting 98 Motion to Compel Arbitration and Dismiss Claims of Plaintiff C. Eric Ray. (Signed by Judge Ed Kinkeade on 09/18/2007) (axm) (Entered: 09/21/2007)

125 Sep. 24, 2007 121 RESPONSE in Opposition filed by C. Eric Ray, Carlo D'Amico, Terry Shinabarker re 119 MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion for Class Certification (Claxton, Roger) (Entered: 09/24/2007)

126 Sep. 26, 2007 122 ORDER denying 96 Lead Plaintiff's Objections to Magistrate Judge Kaplan's May 25, 2007 order; denying 104 Defendant's Motion to Strike Plaintiff's Reply and Appendix, but granting Defendants' Motion to Compel Plaintiffs to Comply with Magistrate Judge Kaplan's order; denying 115 Motion to Strike the Supplemental Declaration of Scott Hakala, but granting Defendants' Motion to Modify the Scheduling Order; denying 79 Plaintiff's MOTION to Certify Class; denying 119 Defendant's Motion for Leave to File Sur-reply. (Signed by Judge Ed

Req # Filed # Docket Text Kinkeade on 09/26/2007) (axm) (Entered: 09/26/2007)

127 Oct. 24, 2007 123 STIPULATION to Extend Discovery Deadline by Matt Brody, Dennis F Heathcote, Daniel S Nutkis, John A Ryan, Ronald Woessner, Steve M York, and Zix Corporation. (Claxton, Roger) Modified on 10/25/2007 (axm). (Entered: 10/24/2007)

128 Nov. 13, 2007 124 MOTION to Strike Report and Testimony of Scott Hakala by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York (Attachments: # 1 Appendix # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C) (Rodgers, Anne) (Entered: 11/13/2007)

129 Nov. 14, 2007 125 ***DISREGARD - WRONG EVENT USED - SEE DOC. 126*** NOTICE by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York re 124 MOTION to Strike Report and Testimony of Scott Hakala (Certificate of Conference) (Rodgers, Anne) Modified on 11/15/2007 (klm). (Entered: 11/14/2007)

130 Nov. 14, 2007 126 CERTIFICATE of Conference re 124 MOTION to Strike Report and Testimony of Scott Hakala by Anne M Rodgers on behalf of Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York. (Attachments: # 1 Original NEF) (Rodgers, Anne) (Entered: 11/15/2007)

131 Nov. 26, 2007 127 MOTION to Disqualify Terry Shinabarker as Lead Plaintiff by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York with Brief/Memorandum in Support. (Rodgers, Anne) Modified on 11/27/2007 (npk) (Entered: 11/26/2007)

132 Nov. 26, 2007 128 Notice of Manual Filing of Appendix by Dennis F Heathcote, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York re 127 MOTION to Disqualify Terry Shinabarker as Lead Plaintiff and Brief in Support. (Rodgers, Anne) Modified on 11/27/2007 (npk) (Entered: 11/26/2007)

133 Nov. 27, 2007 130 Joint MOTION to Extend Time for Responses Related to Objections to the Testimony of Class Certification Experts by Dennis F Heathcote, Hershell Warner, Maurice Silber, Charles Dechter, Matt Brody, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York (Rodgers, Anne) (Entered: 11/27/2007)

134 Dec. 04, 2007 131 Amended MOTION to Extend Time for Responses Related to Objections to the Testimony of Class Certification Experts by Dennis F Heathcote, Terry Shinabarker, Zix Corporation, Ronald A Woessner, John A Ryan, Daniel S Nutkis, Steve M York (Attachments: # 1 Text of Proposed Order) (Rodgers, Anne) (Entered: 12/04/2007)

135 Feb. 15, 2008 132 NOTICE of Change of Address by Roger F Claxton, counsel for C. Eric Ray, Carlo D'Amico, Joseph Simone, Terry Shinabarker. New address is: 10000 N. Central Expressway, Suite 725, Dallas, Texas 75231 (Claxton, Roger) (Entered: 02/15/2008)

136 Mar. 11, 2008 133 MOTION for Preliminary Approval of Settlement, Conditional Certification of Class, Approval of Notice Plan, and Setting of Settlement Fairness Hearing by Carlo D'Amico, Terry Shinabarker (Claxton, Roger) (Entered: 03/11/2008)

137 Mar. 11, 2008 134 Brief/Memorandum in Support filed by Carlo D'Amico, Terry Shinabarker re 133 MOTION for Preliminary Approval of Settlement, Conditional Certification of Class, Approval of Notice Plan, and Setting

Req # Filed # Docket Text of Settlement Fairness Hearing (Claxton, Roger) (Entered: 03/11/2008)

138 Mar. 11, 2008 135 Appendix in Support filed by Carlo D'Amico, Terry Shinabarker re 133 MOTION for Preliminary Approval of Settlement, Conditional Certification of Class, Approval of Notice Plan, and Setting of Settlement Fairness Hearing (Claxton, Roger) (Entered: 03/11/2008)

139 Mar. 18, 2008 136 ORDER FOR NOTICE AND HEARING...Settlement Fairness Hearing set for 6/16/2008 10:00 AM before Judge Ed Kinkeade. See order for specifics. (Signed by Judge Ed Kinkeade on 3/18/08) (svc) (Entered: 03/19/2008)