U.S. District Court California Northern District (San Jose) CIVIL …securities.stanford.edu/filings-documents/1025/ESST02-01/... · 2008-03-22 · US Court Civil Docket as of 03/07/2008

US Court Civil Docket as of 03/07/2008 Retrieved from the court on Friday, March 21, 2008

U.S. District Court California Northern District (San Jose)

CIVIL DOCKET FOR CASE #: 5:02-cv-04497-RMW

Rann et al v. ESS Technology, Inc. et al Assigned to: Hon. Ronald M. Whyte Referred to: Magistrate Judge Howard R. Lloyd Case in other court: Ninth Circuit, 07-17239Cause: 15:78m(a) Securities Exchange Act

Date Filed: 09/13/2002 Date Terminated: 07/27/2007 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Plaintiff Daniel C. Rann Individually and On Behalf of All Others Similarly Situated

represented by Ira M. Press Kirby McInerney LLP 830 Third Avenue 10th Floor New York, NY 10022 212-371-6600 Fax: 212-751-2540 Email: [email protected] ATTORNEY TO BE NOTICED Kevin Francis Ruf Glancy & Binkow LLP 1801 Avenue of the Stars Suite 311 Los Angeles, CA 90067 310/201-9150 Fax: 310-201-9160 Email: [email protected] ATTORNEY TO BE NOTICED Lionel Z. Glancy Glancy & Binkow LLP 1801 Avenue of The Stars Suite 311 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: [email protected] ATTORNEY TO BE NOTICED Robert A. Jigarjian Jigarjian Law Office 128 Tunstead Avenue

San Anselmo, CA 94960 415-341-6660 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

Steve Bardack Lead Plaintiff

represented by Darren Jay Robbins Coughlin Stoia Geller Rudman & Robbins LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED John K. Grant Coughlin Stoia Geller Rudman & Robbins LLP 100 Pine Street Suite 2600 San Francisco, CA 94111 415-288-4545 Fax: 415-288-4534 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Patrick J. Coughlin Coughlin Stoia Geller Rudman & Robbins LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619 231-1058 Fax: 619 231-7423 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED William S. Lerach Lerach Coughlin Stoia Geller Rudman & Robbins LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058

Fax: 619-231-7423 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Joy Ann Bull Coughlin Stoia Geller Rudman & Robbins LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Email: [email protected] ATTORNEY TO BE NOTICED Luke O Brooks Coughlin Stoia Geller Rudman & Robbins LLP 100 Pine Street Suite 2600 San Francisco, CA 94111 415-288-4545 Fax: 415-288-4534 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

Richard Brinkman represented by David R. Scott Scott & Scott LLC 108 Norwich Avenue Colchester, CT 06415 (860) 537-3818 Fax: (860) 537-4432 Email: [email protected] ATTORNEY TO BE NOTICED Thomas Dominic Mauriello Law Offices of Thomas D. Mauriello 501 N. El Camino Real Suite 220 San Clemente, CA 92672 949-366-4135 Fax: 949-606-9690 Email: [email protected] ATTORNEY TO BE NOTICED John K. Grant (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Diversified Electronics, Inc. represented by David R. Scott (See above for address) ATTORNEY TO BE NOTICED Thomas Dominic Mauriello (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

James C. Edelmann represented by John K. Grant (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

James W. Becker represented by Darren Jay Robbins Coughlin Stoia Geller Rudman & Robbins LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 ATTORNEY TO BE NOTICED Jeffrey S. Abraham Abraham Fruchter & Twersky LLP One Penn Plaza, Suite 2805 New York, NY 10119 212-279-5050 ATTORNEY TO BE NOTICED Reed R. Kathrein Hagens Berman Sobol Shapiro LLP 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 (510) 725-3000 Fax: (510) 725-3001 Email: [email protected] ATTORNEY TO BE NOTICED William S. Lerach (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Randy Bohart represented by William S. Lerach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Darren Jay Robbins (See above for address) ATTORNEY TO BE NOTICED Jeffrey S. Abraham (See above for address) ATTORNEY TO BE NOTICED Reed R. Kathrein (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Sandy Dorman represented by Daniel S. Sommers Cohen Milstein Hausfeld & Toll P.L.L.C. 1100 New York Avenue N.W. West Tower, Suite 500 Washington, DC 20005 202-408-4600 Fax: 202-408-4699 ATTORNEY TO BE NOTICED Kevin Francis Ruf (See above for address) ATTORNEY TO BE NOTICED Lionel Z. Glancy (See above for address) ATTORNEY TO BE NOTICED Steven J. Toll Cohen Milstein Hausfeld & Toll, P.L.L.C. 1100 New York Avenue, N. W. West Tower, Suite 500 Washington, DC 20005-3964 202-408-4600 ATTORNEY TO BE NOTICED

Plaintiff

Patriot Shipping Corporation represented by Eric J. Belfi Labaton Sucharow & Rudoff LLP 100 Park Avenue

New York, NY 10017 212-907-0878 Fax: 212-818-0477 Email: [email protected] ATTORNEY TO BE NOTICED Kenneth A. Elan Law Offices of Kenneth A. Elan 217 Broadway Suite 404 New York, NY 10007 212 619-0261 Fax: 212 385-2707 ATTORNEY TO BE NOTICED Kevin Francis Ruf (See above for address) ATTORNEY TO BE NOTICED Lionel Z. Glancy (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Mayer Abramowitz represented by John K. Grant (See above for address) ATTORNEY TO BE NOTICED Joshua M. Lifshitz Bull & Lifshitz, LLP 246 West 38th Street New York, NY 10018 212-869-9449 Fax: 212-869-5632 ATTORNEY TO BE NOTICED Luke O Brooks (See above for address) ATTORNEY TO BE NOTICED Patrick J. Coughlin (See above for address) ATTORNEY TO BE NOTICED William S. Lerach (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Palmer Fauconnier represented by Brian M. Felgoise Law Offices of Brian M. Felgoise 230 South Broad Street Suite 404 Philadelphia, PA 19102 215-735-6810 Fax: 215-735-5185 ATTORNEY TO BE NOTICED Darren Jay Robbins (See above for address) ATTORNEY TO BE NOTICED David R. Scott (See above for address) ATTORNEY TO BE NOTICED Evan Jason Smith Brodsky & Smith LLC Two Bala Plaza Suite 602 Bala Cynwyd, PA 19004 610 667 6200 Fax: 610-667-9029 Email: [email protected] ATTORNEY TO BE NOTICED Reed R. Kathrein (See above for address) ATTORNEY TO BE NOTICED William S. Lerach (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Mike Forrestal represented by Darren Jay Robbins (See above for address) ATTORNEY TO BE NOTICED Howard K. Coates Cauley Geller Bowman & Coates LLP One Boca Place, Suite 421A 2255 Glades Road Boca Raton, FL 33431 561-750-3000 Fax: 561-750-3364 ATTORNEY TO BE NOTICED

Jack Reise Cauley Geller Bowman & Coates LLP One Boca Place, Suite 421A 2255 Glades Road Boca Raton, FL 33431 561-750-3000 Fax: 561-750-3364 ATTORNEY TO BE NOTICED Laurence D. Paskowitz Abraham & Paskowitz 60 East 42nd Street New York, NY 10165 212-692-0555 ATTORNEY TO BE NOTICED Reed R. Kathrein (See above for address) ATTORNEY TO BE NOTICED William S. Lerach (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Adam D. Saphier represented by Andrew M. Schatz Schatz Nobel Izard P.C. One Corporate Center 20 Church Street Hartford, CT 06103 860-493-6233 Fax: (860) 493-6290 Email: [email protected] ATTORNEY TO BE NOTICED Jeffrey S. Nobel Schatz Nobel Izard P.C. One Corporate Center 20 Church Street Suite 1700 Hartford, CT 06103 (860) 493-6292 Fax: 860-493-6290 Email: [email protected] ATTORNEY TO BE NOTICED Lionel Z. Glancy (See above for address)

ATTORNEY TO BE NOTICED Michael M. Goldberg Glancy & Binkow LLP 1801 Avenue of the Stars, Suite 311 Los Angeles, CA 90067 310/201-9150 Fax: (310) 201-9160 Email: [email protected] ATTORNEY TO BE NOTICED

V.

Defendant

ESS Technology, Inc. represented by Lori Elizabeth Romley O'Melveny & Myers LLP 2765 Sand Hill Road Menlo Park, CA 94025 650-473-2685 Fax: 650-473-2601 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Meredith N. Landy O'Melveny & Myers 2765 Sand Hill Road Menlo Park, CA 94025-7019 650.473.2600 Fax: 650.473.2601 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Dale M. Edmondson Wilmer Cutler Pickering Hale & Dorr LLP 1117 California Avenue Palo Alto, CA 94304 650/858-6024 Fax: 650/858-6100 Email: [email protected] ATTORNEY TO BE NOTICED Joshua D. Baker O'Melveny & Myers LLP 2765 Sand Hill Rd Menlo Park, CA 94025 (650) 473-2608

Fax: (650) 473-2601 Email: [email protected] ATTORNEY TO BE NOTICED Sara May Folchi O'Melveny & Myers, LLP 2765 Sand Hill Road Menlo Park, CA 94025 650-473-2600 x2690 Fax: 650-473-2601 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Robert L. Blair represented by Lori Elizabeth Romley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Meredith N. Landy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Dale M. Edmondson (See above for address) ATTORNEY TO BE NOTICED Joshua D. Baker (See above for address) ATTORNEY TO BE NOTICED

Defendant

Patrick Ang represented by Lori Elizabeth Romley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Meredith N. Landy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Dale M. Edmondson (See above for address) ATTORNEY TO BE NOTICED Joshua D. Baker

(See above for address) ATTORNEY TO BE NOTICED

Defendant

James B. Boyd represented by Lori Elizabeth Romley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Meredith N. Landy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Dale M. Edmondson (See above for address) ATTORNEY TO BE NOTICED Joshua D. Baker (See above for address) ATTORNEY TO BE NOTICED

Defendant

Frederick S.L. Chan represented by Lori Elizabeth Romley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Meredith N. Landy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Dale M. Edmondson (See above for address) ATTORNEY TO BE NOTICED Joshua D. Baker (See above for address) ATTORNEY TO BE NOTICED

V.

Movant

EDELMANN PLAINTIFFS GROUP represented by Michael M. Goldberg (See above for address)

ATTORNEY TO BE NOTICED

Movant

TRUAX FAMILY represented by Michael M. Goldberg (See above for address) ATTORNEY TO BE NOTICED

Movant

The ESS Cases, Alameda County Superior Court Case No. 2002067527

represented by Amanda L. Riddle Corey Luzaich Pliska De Ghetaldi Nastari 700 El Camino Real P.O. Box 669 Millbrae, CA 94030-0669 650-871-5666 Fax: 650-871-4144 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Dario DeGhetaldi Corey, Luzaich, Pliska, De Ghetaldi 700 El Camino Real P.O. Box 669 Millbrae, CA 94030-0669 650-871-5666 Fax: 650-871-4144 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED George R. Corey Corey Luzaich Pliska De Ghetaldi Nastari 700 El Camino Real P.O. Box 669 Millbrae, CA 94030-0669 650-871-5666 Fax: 650-871-4144 ATTORNEY TO BE NOTICED Jerry E. Nastari Corey, Luzaich, Pliska, De ghetaldi & Nastari 700 El Camino Real P.O. Box 669 Millbrae, CA 94030-0669 650/871-5666 Fax: 650-871-4144 Email: [email protected]

ATTORNEY TO BE NOTICED

Date Filed # Docket Text

09/13/2002 1 COMPLAINT ;Summons Issued; Jury Demand; against Patrick Ang, Robert L. Blair, James B. Boyd, ESS Technology, Inc. (Filing fee $150 receipt number 3339369). Filed by Daniel C. Rann. (dhm, ) (Entered: 09/16/2002)

09/13/2002 Summons Issued as to Patrick Ang ; Robert L. Blair ; James B. Boyd ; ESS Technology, Inc. (dhm, ) (Entered: 09/16/2002)

09/13/2002 2 ADR SCHEDULING ORDER: Case Management Statement due by 1/10/2003. Case Management Conference set for 1/17/2003 at 10:30 AM. (dhm, ) (Entered: 09/16/2002)

10/16/2002 3 ORDER RELATING CASE. Signed by Judge Ronald M. Whyte on 10/15/02. (jv, ) (Entered: 10/16/2002)

11/12/2002 4 MOTION to Appoint Counsel Glancy & Binkow LLP, MOTION to Consolidate Cases filed by EDELMANN PLAINTIFFS GROUP. Motion Hearing set for 12/20/2002 09:00 AM. (Goldberg, Michael) (Entered: 11/12/2002)

11/12/2002 5 DECLARATION in Support re 4 Motion In Support Appointment of Lead Plaintiff filed by EDELMANN PLAINTIFFS GROUP. (Attachments: # 1 Exhibit B# 2 Exhibit B-1# 3 Exhibit B-2# 4 Exhibit C)(Related document(s) 4 ) (Goldberg, Michael) (Entered: 11/12/2002)

11/12/2002 6 MEMORANDUM in Support re 4 Motion To Appoint Lead Plaintiff filed by EDELMANN PLAINTIFFS GROUP. (Related document(s) 4 ) (Goldberg, Michael) (Entered: 11/12/2002)

11/12/2002 7 Proposed Order re 4 Motion To Appoint Lead Plaintiff by EDELMANN PLAINTIFFS GROUP. (Goldberg, Michael) (Entered: 11/12/2002)

11/12/2002 8 CERTIFICATE OF SERVICE by EDELMANN PLAINTIFFS GROUP re 4 Motion To Appoint Lead Plaintiff, Consolidate Cases and Approve Selection of Glancy & Binkow LLP as Lead Counsel (Goldberg, Michael) (Entered: 11/12/2002)

11/12/2002 9 NOTICE re 4 Exhibits A and D To Declaration of Lionel Z. Glancy In Support of Motion For Appointment of Lead Plaintiff by EDELMANN PLAINTIFFS GROUP. (Goldberg, Michael) (Entered: 11/12/2002)

11/12/2002 10 MOTION to Appoint Counsel COHEN MILSTEIN HAUSFELD & TOLL, P.L.L.C., MOTION to Consolidate Cases AND APPOINT LEAD PLAINTIFF filed by TRUAX FAMILY. Motion Hearing set for 12/20/2002 09:00 AM. (Goldberg, Michael) (Entered: 11/12/2002)

11/12/2002 11 MEMORANDUM in Support re 10 Motion for Appointment of Lead Plaintiff, Appointment of Counsel and Consolidation filed by TRUAX FAMILY. (Related document(s) 10 ) (Goldberg, Michael) (Entered: 11/12/2002)

11/12/2002 12 DECLARATION in Support re 10 Appointment of Cohen Milstein Hausfeld &

Toll as Lead Counsel, For Consolidation and Appointment as Lead Plaintiff filed by TRUAX FAMILY. (Attachments: # 1 Exhibit A - CLASS NOTICE# 2 Exhibit B - CERTIFICATIONS# 3 Exhibit C - LOSS CHART# 4 Exhibit D - COHEN RESUME# 5 Exhibit E - GLANCY BINKOW RESUME)(Related document(s) 10 ) (Goldberg, Michael) (Entered: 11/12/2002)

11/12/2002 13 Proposed Order re 10 Appointment as Lead Plaintiff, Approval of Selection of Cohen, Milstein, Hausfeld & Toll as Lead Counsel and Consolidation of Cases by TRUAX FAMILY. (Goldberg, Michael) (Entered: 11/12/2002)

11/12/2002 14 CERTIFICATE OF SERVICE by TRUAX FAMILY re 10 Motion To Consolidate Cases, Appoint Lead Plaintiff and Approve Selection of Lead Counsel (Goldberg, Michael) (Entered: 11/12/2002)

11/12/2002 15 MOTION to Appoint Counsel MOTION AND MEMORANDUM OF POINTS AND AUTHORITIES TO APPOINT EMPIRE CAPITAL PARTNERS, L.P. AS LEAD PLAINTIFF PURSUANT TO SECTION 21D (A)(3)(B) OF THE SECURITIES EXCHANGE ACT OF 1934 AND TO APPROVE PLAINTIFF'S CHOICE OF COUNSEL filed by Daniel C. Rann. Motion Hearing set for 12/20/2002 09:00 AM. (Attachments: # 1 Signature Page (Declarations/Stipulations) # 2 Proposed Order # 3 Proposed Order)(Jigarjian, Robert) (Entered: 11/12/2002)

11/12/2002 20 MOTION to Appoint Lead Plaintiff and Lead Counsel ;MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Steve Bardack. Motion Hearing set for 12/20/2002 09:00 AM. (dhm, ) Additional attachment(s) added on 12/10/2002 (dhm, ). (Entered: 11/13/2002)

11/12/2002 21 MOTION to Consolidate Cases ;MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Steve Bardack. Motion Hearing set for 12/20/2002 09:00 AM. (dhm, ) Additional attachment(s) added on 12/2/2002 (dhm, ). (Entered: 11/13/2002)

11/12/2002 22 DECLARATION in Support re 20 , 21 motion to appoint lead plaintiff, to approve S. Bardack's selection of lead counsel and to consolidate related actions filed by Steve Bardack. (Related document(s) 20 , 21 ) (dhm, ) Additional attachment(s) added on 12/10/2002 (dhm, ). Additional attachment(s) added on 12/10/2002 (dhm, ). (Entered: 11/13/2002)

11/12/2002 23 CERTIFICATE of Counsel re 20 WILLIAM S. LERACH (pursuant to Local Rule 3-7(d)) by Steve Bardack. (dhm, ) Additional attachment(s) added on 12/10/2002 (dhm, ). (Entered: 11/13/2002)

11/12/2002 24 CERTIFICATE of Counsel re 20 PATRICK J. COUGHLIN (pursuant to Local Rule 3-7(d)) by Steve Bardack. (dhm, ) Additional attachment(s) added on 12/10/2002 (dhm, ). (Entered: 11/13/2002)

11/12/2002 25 CERTIFICATE of Counsel re 20 JOHN K. GRANT (pursuant to Local Rule 3-7(d)) by Steve Bardack. (dhm, ) Additional attachment(s) added on 12/10/2002 (dhm, ). (Entered: 11/13/2002)

11/12/2002 41 Proposed Order re 20 by Steve Bardack. (dhm, ) Additional attachment(s) added on 12/10/2002 (dhm, ). (Entered: 11/13/2002)

11/12/2002 34 Proposed Order re 21 by Steve Bardack. (dhm, ) Additional attachment(s) added on 12/2/2002 (dhm, ). (Entered: 11/13/2002)

11/12/2002 27 MOTION to Appoint Lead Plaintiff and Lead Counsel, MOTION to Consolidate Cases filed by Richard Brinkman, Diversified Electronics, Inc.. Motion Hearing set for 1/10/2003 09:00 AM. (dhm, ) (Entered: 11/20/2002)

11/12/2002 28 MEMORANDUM in Support re 27 filed by Richard Brinkman, Diversified Electronics, Inc.. (Related document(s) 27 ) (dhm, ) (Entered: 11/20/2002)

11/12/2002 Proposed Order re 27 by Richard Brinkman, Diversified Electronics, Inc.. (dhm, ) (Entered: 11/20/2002)

11/12/2002 29 ASSOCIATION of Counsel. (dhm, ) (Entered: 11/20/2002)

11/12/2002 30 DECLARATION in Support re 27 DAVID R. SCOTT filed by Richard Brinkman, Diversified Electronics, Inc.. (Related document(s) 27 ) (dhm, ) (Entered: 11/21/2002)

11/13/2002 16 NOTICE re 4 FILING OF CORRECTED EXHIBIT B TO DECLARATION OF LIONEL Z. GLANCY IN SUPPORT OF MOTION FOR APPOINTMENT OF LEAD COUNSEL AND LEAD PLAINTIFF by EDELMANN PLAINTIFFS GROUP. (Goldberg, Michael) (Entered: 11/13/2002)

11/13/2002 17 EXHIBITS re 4 CORRECTED EXHIBIT B TO DECLARATION OF LIONEL Z. GLANCY IN SUPPORT OF MOTION TO CONSOLIDATE RELATED CASES, FOR APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF SELECTION OF LEAD COUNSEL filed by EDELMANN PLAINTIFFS GROUP. (Related document(s) 4 ) (Goldberg, Michael) (Entered: 11/13/2002)

11/13/2002 18 ERRATA re 4 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR APPOINTMENT AS LEAD PLAINTIFF, ETC. by EDELMANN PLAINTIFFS GROUP. (Goldberg, Michael) (Entered: 11/13/2002)

11/13/2002 19 CERTIFICATE OF SERVICE by EDELMANN PLAINTIFFS GROUP re 4 ERRATA AND NOTICE OF FILING OF CORRECTED EXHIBIT B TO DECLARATION IN SUPPORT OF EDELMANN MOTION FOR APPOINTMENT AS LEAD PLAINTIFF (Goldberg, Michael) (Entered: 11/13/2002)

11/13/2002 26 CLERK'S NOTICE re: Failure to E-File and/or Failure to Register as an E-Filer (Regarding documents filed by Steve Bardack on 11/12/2002) (dhm, ) (Entered: 11/13/2002)

11/26/2002 31 ORDER RELATING CASES. Signed by Judge Ronald M. Whyte on 11/22/02. (jv, ) (Entered: 11/26/2002)

11/26/2002 32 NOTICE OF WITHDRAWAL OF MOTION BY EMPIRE CAPITAL PARTNERS, L.P. TO APPOINT LEAD PLAINTIFF AND APPROVE LEAD PLAINTIFF'S SELECTION OF LEAD COUNSEL by Daniel C. Rann. (Jigarjian, Robert) (Entered: 11/26/2002)

11/27/2002 33 Memorandum in Opposition re 27 STEVE BARDACK'S OPPOSITION TO COMPETING MOTIONS FOR APPOINTMENT OF LEAD PLAINTIFF filed by Steve Bardack. (Coughlin, Patrick) (Entered: 11/27/2002)

11/27/2002 38 MEMORANDUM in Support re 27 filed by Richard Brinkman, Diversified Electronics, Inc.. (Related document(s) 27 ) (dhm, ) (Entered: 12/04/2002)

12/02/2002 35 Memorandum in Opposition re 27 , 10 , 20 TO COMPETING MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF SELECTION OF LEAD COUNSEL filed by EDELMANN PLAINTIFFS GROUP. (Goldberg, Michael) (Entered: 12/02/2002)

12/02/2002 36 CERTIFICATE OF SERVICE by EDELMANN PLAINTIFFS GROUP re 27 , 20 , 10 THE EDELMANN PLAINTIFFS GROUP'S OPPOSITION TO COMPETING MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF SELECTION OF LEAD COUNSEL (Goldberg, Michael) (Entered: 12/02/2002)

12/02/2002 37 CERTIFICATE OF SERVICE by EDELMANN PLAINTIFFS GROUP re 27 , 20 , 10 CORRECTED (Goldberg, Michael) (Entered: 12/02/2002)

12/06/2002 39 RESPONSE in Support re 20 Reply in Support of Motion to Appoint Steve Bardack as Lead Plaintiff and to Approve Steve Bardack's Selection of Lead Counsel filed by Steve Bardack. (Coughlin, Patrick) (Entered: 12/06/2002)

12/06/2002 40 DECLARATION in Support Declaration of Steve Bardack filed by Steve Bardack. (Attachments: # 1 Exhibit A)(Coughlin, Patrick) (Entered: 12/06/2002)

12/06/2002 43 Reply to Opposition re 33 filed by Diversified Electronics, Inc.. (dhm, ) (Entered: 12/19/2002)

12/13/2002 47 Notice of Withdrawal of Motion re 27 filed by Richard Brinkman, Diversified Electronics, Inc.. (dhm, ) (Entered: 01/09/2003)

12/16/2002 42 NOTICE re 4 WITHDRAWL OF MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF SELECTION OF LEAD COUNSEL by EDELMANN PLAINTIFFS GROUP. (Goldberg, Michael) (Entered: 12/16/2002)

12/23/2002 44 STIPULATION STIPULATION AND [PROPOSED] ORDER CONSOLIDATING RELATED ACTIONS by Steve Bardack. (Coughlin, Patrick) (Entered: 12/23/2002)

12/23/2002 45 Proposed Order [PROPOSED] ORDER GRANTING MOTION TO APPOINT STEVE BARDACK AS LEAD PLAINTIFF AND APPROVING STEVE BARDACK'S SELECTION OF LEAD COUNSEL by Steve Bardack. (Coughlin, Patrick) (Entered: 12/23/2002)

01/02/2003 46 Minute Entry: Motion Hearing re 27 , 15 , 4 , 20 , 10 , 21 held on 12/20/2002 before Ronald M. Whyte. (Court Reporter Lee-Anne Shortridge.) (jv, ) (Entered: 01/02/2003)

01/15/2003 48 STIPULATION STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE by Steve Bardack. (Coughlin, Patrick) (Entered: 01/15/2003)

01/15/2003 49 DECLARATION in Support DECLARATION OF JOHN K. GRANT IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE filed by Steve Bardack. (Coughlin,

Patrick) (Entered: 01/15/2003)

01/29/2003 50 STIPULATION AND ORDER CONSOLIDATING RELATED ACTIONS. Signed by Judge Ronald M. Whyte on 1/21/03. (jv, ) (Entered: 01/29/2003)

01/29/2003 51 ORDER re 20 GRANTING MOTION TO APPOINT STEVE BARDACK AS LEAD PLAINTIFF AND APPROVING STEVE BARDACK'S SELECTION OF LEAD COUNSEL. Signed by Judge Ronald M. Whyte on 1/21/03. (jv, ) (Entered: 01/29/2003)

01/30/2003 52 STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Conference set for 7/11/2003 at 10:30 AM. Signed by Judge Ronald M. Whyte on 1/24/03. (jv, ) (Entered: 01/30/2003)

02/06/2003 53 *** FILED IN ERROR. PLEASE SEE DOCKET # 54 *** AMENDED COMPLAINT LEAD PLAINTIFF STEVE BARDACK'S COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS against Frederick S.L. Chan, Patrick Ang, Robert L. Blair, James B. Boyd, ESS Technology, Inc.. Filed by JAMES EDELMANN, Steve Bardack, Richard Brinkman, Diversified Electronics, Inc.. (Coughlin, Patrick) Modified on 2/10/2003 (bfr, ). (Entered: 02/06/2003)

02/06/2003 54 AMENDED COMPLAINT LEAD PLAINTIFF STEVE BARDACK'S COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS against Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. Filed by Steve Bardack, Richard Brinkman, Diversified Electronics, Inc., JAMES EDELMANN. (Coughlin, Patrick) (Entered: 02/06/2003)

03/11/2003 55 Application for Substitution of Attorney Notice of Substitution of Counsel by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. (Landy, Meredith) (Entered: 03/11/2003)

03/11/2003 56 MOTION to Dismiss Defendants' Notice of Motion to Dismiss Complaint filed by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. Motion Hearing set for 5/23/2003 09:00 AM. (Landy, Meredith) (Entered: 03/11/2003)

03/11/2003 57 Request for Judicial Notice re 56 Request for Judicial Notice in Support of Defendants' Motion to Dismiss Complaint filed by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. (Related document(s) 56 ) (Landy, Meredith) (Entered: 03/11/2003)

03/11/2003 58 NOTICE re 56 Notice of Manual Filing in Support of Motion to Dismiss by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. (Landy, Meredith) (Entered: 03/11/2003)

03/11/2003 59 Proposed Order re 56 [Proposed] Order Granting Defendants' Motion to Dismiss by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. (Landy, Meredith) (Entered: 03/11/2003)

03/12/2003 61 CERTIFICATE/PROOF OF SERVICE by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc. re 56 , 57 , 58 , 59 (dhm, )

(Entered: 03/14/2003)

03/13/2003 60 ORDER re 55 Granting Application of Substiution of Counsel. Signed by Judge Ronald M. Whyte on 3/13/03. (jv, ) (Entered: 03/13/2003)

04/25/2003 62 Brief Plaintiffs' Opposition to Defendants' Motion to Dismiss Complaint filed by Steve Bardack. (Coughlin, Patrick) (Entered: 04/25/2003)

04/25/2003 63 DECLARATION in Support re 62 Declaration of Luke O. Brooks In Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss Complaint filed by Steve Bardack. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(Related document(s) 62 ) (Coughlin, Patrick) (Entered: 04/25/2003)

05/09/2003 64 Reply Memorandum to Motion re 56 DEFENDANTS' REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS filed by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. (Landy, Meredith) (Entered: 05/09/2003)

05/09/2003 65 CERTIFICATE/PROOF OF SERVICE by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc. re 64 PROOF OF SERVICE (Landy, Meredith) (Entered: 05/09/2003)

05/13/2003 66 Letter from John K. Grant dated 5/13/2003 informing court of intent to amend complaint. (dhm, ) (Entered: 05/14/2003)

05/14/2003 67 Proposed Order Stipulation and [Proposed] Scheduling Order by Steve Bardack. (Coughlin, Patrick) (Entered: 05/14/2003)

05/20/2003 68 First AMENDED COMPLAINT Lead Plaintiff Steve Bardack's First Amended Complaint for Violations of the Federal Securities Laws against ESS Technology, Inc.. Filed by Steve Bardack. (Coughlin, Patrick) (Entered: 05/20/2003)

06/10/2003 69 STIPULATION AND SCHEDULING ORDER Case Management Conference set for 8/22/2003 at 10:30 AM. Hearing on Defendant's Motion to Dismiss is set for 8/22/03 @ 9:00 am. Signed by Judge Ronald M. Whyte on 6/6/03. (jv, ) (Entered: 06/10/2003)

06/18/2003 70 MOTION to Dismiss DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS FIRST AMENDED COMPLAINT filed by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. Motion Hearing set for 8/22/2003 09:00 AM. (Attachments: # 1 Proposed Order)(Landy, Meredith) (Entered: 06/18/2003)

06/18/2003 71 NOTICE re 70 NOTICE OF MANUAL FILING IN SUPPORT OF MOTION TO DISMISS by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. (Landy, Meredith) (Entered: 06/18/2003)

06/18/2003 72 Request for Judicial Notice re 70 IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT filed by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. (Related document(s) 70 ) (Landy, Meredith) (Entered: 06/18/2003)

07/18/2003 73 MEMORANDUM in Support re 70 PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS THE FIRST AMENDED COMPLAINT

filed by Steve Bardack. (Related document(s) 70 ) (Coughlin, Patrick) (Entered: 07/18/2003)

07/18/2003 74 DECLARATION in Support re 73 DECLARATION OF LUKE O. BROOKS IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS THE FIRST AMENDED COMPLAINT filed by Steve Bardack. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Related document(s) 73 ) (Coughlin, Patrick) (Entered: 07/18/2003)

08/08/2003 75 Reply Memorandum to Motion re 70 DEFENDANTS' REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS FIRST AMENDED COMPLAINT filed by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. (Landy, Meredith) (Entered: 08/08/2003)

08/08/2003 76 Request for Judicial Notice re 70 SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT filed by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. (Attachments: # 1 Exhibit X)(Related document(s) 70 ) (Landy, Meredith) (Entered: 08/08/2003)

08/08/2003 77 RESPONSE in Support re 70 DEFENDANTS' REPLY IN SUPPORT OF REQUEST FOR JUDICIAL NOTICE filed by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. (Landy, Meredith) (Entered: 08/08/2003)

08/21/2003 78 CLERK'S NOTICE Continuing Motion Hearing on Defendant's Motion to Dismiss the First Amended Complaint. Motion Hearing set for 9/5/2003 09:00 AM. The Case Management Conference is reset to 9/5/03 @ 10:30 am. (jv, ) (Entered: 08/21/2003)

08/29/2003 79 STIPULATION AND [PROPOSED] ORDER SCHEDULING ORDER by Steve Bardack. (Brooks, Luke) (Entered: 08/29/2003)

09/03/2003 80 SCHEDULING ORDER re 79 . Signed by Judge Ronald M. Whyte on 9/3/03. (rmwlc1) (Entered: 09/03/2003)

09/23/2003 81 NOTICE re 70 Notice of Recent Authorities in Further Support of Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Proof of service)(Landy, Meredith) (Entered: 09/23/2003)

10/02/2003 82 JOINT CASE MANAGEMENT STATEMENT filed by Steve Bardack. (Grant, John) (Entered: 10/02/2003)

10/02/2003 83 Proposed Order re 82 Continuing Management Conference by Steve Bardack. (Grant, John) (Entered: 10/02/2003)

10/03/2003 84 ORDER by Judge Ronald M. Whyte granting defendants' 70 motion to dismiss; plaintiffs may file amended complaint (rmwlc1, ) (Entered: 10/03/2003)

10/07/2003 85 Minute Entry: Motion Hearing re 70 held on 10/3/2003 before Ronald M. Whyte. (Court Reporter Lee-Anne Shortridge.) (jg, Court Staff) (Entered: 10/07/2003)

10/31/2003 86 TRANSCRIPT for dates 10/3/2003 C/R: Lee-Anne Shortridge. (dhm, COURT STAFF) (Entered: 10/31/2003)

11/03/2003 87 Second AMENDED COMPLAINT LEAD PLAINTIFF STEVE BARDACK'S SECOND AMENDED COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS against Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. Filed by Steve Bardack, Richard Brinkman, James C. Edelmann. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Grant, John) (Entered: 11/03/2003)

11/11/2003 88 STIPULATION AND [PROPOSED] SCHEDULING ORDER RE: SECOND AMENDED COMPLAINT AND CASE MANAGEMENT CONFERENCE by ESS Technology, Inc.. (Landy, Meredith) (Entered: 11/11/2003)

12/18/2003 89 MOTION to Dismiss DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS SECOND AMENDED COMPLAINT AND MOTION TO STRIKE PORTIONS THEREOF filed by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. Motion Hearing set for 3/19/2004 09:00 AM. (Landy, Meredith) (Filed on 12/18/2003) (Entered: 12/18/2003)

12/18/2003 90 Request for Judicial Notice re 89 IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT AND MOTION TO STRIKE PORTIONS THEREOF filed by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. (Related document(s) 89 ) (Landy, Meredith) (Filed on 12/18/2003) (Entered: 12/18/2003)

12/18/2003 91 NOTICE by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc. re 90 Request for Judicial Notice, NOTICE OF MANUAL FILING IN SUPPORT OF MOTION TO DISMISS (Landy, Meredith) (Filed on 12/18/2003) (Entered: 12/18/2003)

12/18/2003 92 CERTIFICATE OF SERVICE by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc. re 91 Notice (Other) (Landy, Meredith) (Filed on 12/18/2003) (Entered: 12/18/2003)

01/15/2004 93 STIPULATION AND ORDER Re: Second Amended Complaint and Case Management Conference. Case Management Conference is set for 3/19/04 @ 10:30 am. Signed by Judge Ronald M. Whyte on 1/15/04. (jg, Court Staff) (Filed on 1/15/2004) (Entered: 01/15/2004)

02/02/2004 94 Memorandum in Opposition re 89 MOTION to Dismiss DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS SECOND AMENDED COMPLAINT AND MOTION TO STRIKE PORTIONS THEREOF PLAINTIFFS? OPPOSITION TO DEFENDANTS? MOTION TO DISMISS THE SECOND AMENDED COMPLAINT filed by Steve Bardack, Richard Brinkman, James C. Edelmann. (Grant, John) (Filed on 2/2/2004) (Entered: 02/02/2004)

02/09/2004 95 NOTICE of Change of Address by Meredith N. Landy (Landy, Meredith) (Filed on 2/9/2004) (Entered: 02/09/2004)

03/03/2004 96 Reply Memorandum DEFENDANTS' REPLY MEMORANDUM IN SUPPORT OF REQUEST FOR JUDICIAL NOTICE filed by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. (Landy, Meredith) (Filed on

3/3/2004) (Entered: 03/03/2004)

03/03/2004 97 Reply Memorandum DEFENDANTS' REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS SECOND AMENDED COMPLAINT AND MOTION TO STRIKE PORTIONS THEREOF filed by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. (Landy, Meredith) (Filed on 3/3/2004) (Entered: 03/03/2004)

03/17/2004 98 JOINT CASE MANAGEMENT STATEMENT CONFERENCE STATEMENT filed by Steve Bardack. (Brooks, Luke) (Filed on 3/17/2004) (Entered: 03/17/2004)

03/19/2004 99 Minute Entry: Motion Hearing held on 3/19/2004 before Ronald M. Whyte (Date Filed: 3/19/2004) re 89 MOTION to Dismiss DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS SECOND AMENDED COMPLAINT AND MOTION TO STRIKE PORTIONS THEREOF filed by ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd, Frederick S.L. Chan. (Court Reporter Lee-Anne Shortridge.) (jg, Court Staff) (Date Filed: 3/19/2004) (Entered: 03/19/2004)

05/06/2004 100 NOTICE of Change of Firm Affiliation by Lead Plaintiff Steve Bardack (dhm, COURT STAFF) (Filed on 5/6/2004) Additional attachment(s) added on 5/21/2004 (dhm, COURT STAFF). (Entered: 05/07/2004)

07/15/2004 101 NOTICE by Steve Bardack Notice Pursuant to Civil Local Rule 7-12 of Submitted Matter (Grant, John) (Filed on 7/15/2004) (Entered: 07/15/2004)

08/06/2004 102 NOTICE by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc. NOTICE OF MOTION AND MOTION TO ENJOIN DISCOVERY IN RELATED STATE DERIVATIVE ACTION; DECLARATION OF MEREDITH N. LANDY IN SUPPORT THEREOF (Attachments: # 1 Exhibit A# 2 Exhibit B)(Landy, Meredith) (Filed on 8/6/2004) (Entered: 08/06/2004)

08/06/2004 103 Proposed Order re 102 PROPOSED ORDER GRANTING DEFENDANTS' MOTION TO ENJOIN DISCOVERY IN RELATED STATE DERIVATIVE ACTION by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. (Landy, Meredith) (Filed on 8/6/2004) (Entered: 08/06/2004)

08/13/2004 104 CERTIFICATE OF SERVICE by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc. re 102 Notice (Other), Notice (Other), 103 Proposed Order, AMENDED CERTIFICATE OF SERVICE (Landy, Meredith) (Filed on 8/13/2004) (Entered: 08/13/2004)

08/13/2004 105 CERTIFICATE OF SERVICE by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc. re 102 Notice (Other), Notice (Other), 103 Proposed Order, AMENDED CERTIFICATE OF SERVICE (Landy, Meredith) (Filed on 8/13/2004) (Entered: 08/13/2004)

08/20/2004 106 Specially Appearing State Court Plaintiffs' Memorandum of Points and Authorities in Opposition to Motion to Enjoin Discovery in Related State Derivative Action filed by The ESS Cases, Alameda County Superior Court Case No. 2002067527. (dhm, COURT STAFF) (Filed on 8/20/2004) (Entered: 08/20/2004)

08/20/2004 107 Declaration of Dario de Ghetaldi in Support of 106 Specially Appearing State Court Plaintiffs' Opposition to Motion to Enjoin Discovery in State Derivative Action filed by The ESS Cases, Alameda County Superior Court Case No. 2002067527. (Related document(s) 106 ) (dhm, COURT STAFF) (Filed on 8/20/2004) (Entered: 08/20/2004)

08/20/2004 108 CERTIFICATE OF SERVICE by The ESS Cases, Alameda County Superior Court Case No. 2002067527 re 106 Memorandum in Opposition,, 107 Declaration in Support, (dhm, COURT STAFF) (Filed on 8/20/2004) (Entered: 08/20/2004)

08/27/2004 109 Reply Memorandum Defendants' Reply in Support of Motion to Enjoin Discovery in Related State Derivative Action; Supplemental Declaration of Meredith N. Landy In Support Thereof filed by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. (Landy, Meredith) (Filed on 8/27/2004) (Entered: 08/27/2004)

08/27/2004 110 CLERK'S NOTICE Continuing Motion Hearing on Defendant's Motion to Enjoin Discovery Related State Derivative Action. Motion Hearing set for 9/24/2004 09:00 AM. (jg, Court Staff) (Filed on 8/27/2004) (Entered: 08/27/2004)

09/09/2004 111 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT filed by Steve Bardack. (Brooks, Luke) (Filed on 9/9/2004) (Entered: 09/09/2004)

09/10/2004 112 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d CORRECTED STATEMENT OF RECENT DECISION IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT filed by Steve Bardack. (Attachments: # 1 Exhibit A)(Brooks, Luke) (Filed on 9/10/2004) (Entered: 09/10/2004)

09/21/2004 113 Request for Judicial Notice filed by Patrick Ang, Robert L. Blair, James B. Boyd, Frederick S.L. Chan, ESS Technology, Inc.. (Attachments: # 1 Exhibit A)(Landy, Meredith) (Filed on 9/21/2004) (Entered: 09/21/2004)

10/01/2004 114 Minute Entry: Motion Hearing held on 9/24/2004 before Ronald M. Whyte ). (Court Reporter FTR.) (jg, Court Staff) (Entered: 10/01/2004)

11/01/2004 115 NOTICE of Change in Firm Name and Address by Patriot Shipping Corporation (dhm, COURT STAFF) (Filed on 11/1/2004) (Entered: 11/02/2004)

12/01/2004 116 ORDER by Judge Ronald M. Whyte granting in part and denying in part 89 Motion to Dismiss. (rmwlc1, ) (Filed on 12/1/2004) (Entered: 12/01/2004)

12/15/2004 117 STIPULATION FOR EXTENSION OF TIME TO FILE RESPONSE AND PROPOSED ORDER THEREON by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (Landy, Meredith) (Filed on 12/15/2004) (Entered: 12/15/2004)

12/17/2004 118 STIPULATION AND ORDER EXTENDING TIME TO FILE RESPONSE. Signed by Judge RONALD M. WHYTE on 12/17/04. (mp, ) (Filed on 12/17/2004) (Entered: 12/17/2004)

12/22/2004 119 NOTICE by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick

Ang, James B. Boyd DEFENDANTS' NOTICE OF MOTON AND MOTION TO STRIKE ALLEGATIONS IN PLAINTIFFS' SECOND AMENDED COMPLAINT (Landy, Meredith) (Filed on 12/22/2004) (Entered: 12/22/2004)

01/03/2005 120 Proposed Order re 119 Notice (Other), Notice (Other) PROPOSED ORDER GRANTING DEFENDANTS' MOTION TO STRIKE ALLEGATIONS IN PLAINTIFFS' SECOND AMENDED COMPLAINT by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (Landy, Meredith) (Filed on 1/3/2005) (Entered: 01/03/2005)

01/21/2005 121 Memorandum in Opposition Plaintiff's Opposition to Defendants' Motion to Strike Allegations in Plaintiff's Second Amended Complaint filed bySteve Bardack. (Grant, John) (Filed on 1/21/2005) (Entered: 01/21/2005)

01/28/2005 122 Reply Memorandum DEFENDANTS' REPLY MEMORANDUM IN FURTHER SUPPORT OF MOTION TO STRIKE ALLEGATIONS IN PLAINTIFFS' SECOND AMENDED COMPLAINT filed byFrederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (Landy, Meredith) (Filed on 1/28/2005) (Entered: 01/28/2005)

01/28/2005 123 Declaration of Joshua D. Baker in Support of 122 Reply Memorandum, DECLARATION OF JOSHUA D. BAKER IN FURTHER SUPPORT OF DEFENDANTS' MOTION TO STRIKE filed byFrederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Related document(s) 122 ) (Landy, Meredith) (Filed on 1/28/2005) (Entered: 01/28/2005)

02/08/2005 124 JOINT CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Steve Bardack. (Brooks, Luke) (Filed on 2/8/2005) (Entered: 02/08/2005)

02/17/2005 125 Minute Entry: Motion Hearing held on 2/11/2005 before RONALD M. WHYTE (Date Filed: 2/17/2005). Case Management Conference held. (Court Reporter L. SHORTRIDGE.) (mp, COURT STAFF) (Date Filed: 2/17/2005) (Entered: 02/17/2005)

02/17/2005 Set Deadlines/Hearings: Fact Discovery due by 5/15/2006. Expert Disclosures 7/21/2006. Supllemental expert disclosures 8/7/2006. Expert discovery cutoff 8/18/2006. Discovery Motions due by 6/15/2006. Pretrial Statements due by 2/9/2007. Jury Trial set for 2/26/2007 01:30 PM. Dispositive Motion Hearing set for 12/15/2006 09:00 AM. Pretrial Conference set for 2/15/2007 02:00 PM. (dhm, COURT STAFF) (Filed on 2/17/2005) (Entered: 02/28/2005)

02/22/2005 126 ORDER Granting in part 119 motion to strike allegations in plaintiff's second amended complaint. Signed by Judge Ronald M. Whyte on 2/22/05. (rmwlc1, COURT STAFF) (Filed on 2/22/2005) (Entered: 02/22/2005)

02/24/2005 127 STIPULATION re 87 Amended Complaint, STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO SECOND AMENDED COMPLAINT by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (Baker, Joshua) (Filed on 2/24/2005) (Entered: 02/24/2005)

03/07/2005 128 Proposed Order PROPOSED CASE MANAGEMENT ORDER by Frederick S.L.

Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (Baker, Joshua) (Filed on 3/7/2005) (Entered: 03/07/2005)

03/07/2005 129 Letter from JOSHUA D. BAKER TO HONORABLE RONALD M. WHYTE. (Baker, Joshua) (Filed on 3/7/2005) (Entered: 03/07/2005)

03/11/2005 130 TRANSCRIPT of Proceedings held on 2/11/2005 before Judge Ronald M. Whyte. Court Reporter: Lee-Anne Shortridge. (dhm, COURT STAFF) (Filed on 3/11/2005) (Entered: 03/15/2005)

03/22/2005 131 CASE MANAGEMENT SCHEDULING ORDER: Discovery due by 5/15/2006. Jury Trial set for 2/26/2007 01:30 PM in Courtroom #4, 5th Floor, San Jose. Motion Hearing set for 1/12/2007 09:00 AM in Courtroom #4, 5th Floor, San Jose. Pretrial Conference set for 2/15/2007 02:00 PM in Courtroom #4, 5th Floor, San Jose. Signed by Judge Ronald M. Whyte on 3/16/05. (jg, Court Staff) (Filed on 3/22/2005) (Entered: 03/22/2005)

03/22/2005 132 STIPULATION AND [PROPOSED] ORDER RE: BRIEFING SCHEDULE AND ANSWER by Steve Bardack. (Brooks, Luke) (Filed on 3/22/2005) (Entered: 03/22/2005)

03/25/2005 133 Defendants' Answer To Lead Plaintiff Steve Bardack's Second Amended Compliant For Violations Of The Federal Securities Laws ANSWER to Amended Complaint by ESS Technology, Inc., Robert L. Blair, Patrick Ang, Federick S.L. Chan, and James B. Boyd byESS Technology, Inc.. (Baker, Joshua) (Filed on 3/25/2005) (Entered: 03/25/2005)

04/05/2005 134 MOTION to Certify Class PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION filed by Steve Bardack. Motion Hearing set for 7/22/2005 09:00 AM in Courtroom 6, 4th Floor, San Jose. (Grant, John) (Filed on 4/5/2005) (Entered: 04/05/2005)

04/05/2005 135 MEMORANDUM in Support re 134 MOTION to Certify Class PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION filed bySteve Bardack. (Related document(s) 134 ) (Grant, John) (Filed on 4/5/2005) (Entered: 04/05/2005)

04/05/2005 136 Declaration of John K. Grant in Support of 134 MOTION to Certify Class PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION, 135 Memorandum in Support, DECLARATION OF JOHN K. GRANT IN SUPPORT OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION filed bySteve Bardack. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Related document(s) 134 , 135 ) (Grant, John) (Filed on 4/5/2005) (Entered: 04/05/2005)

04/07/2005 137 STIPULATION AND ORDER Re: Briefing Schedule and Answer. Signed by Judge Ronald M. Whyte on 4/4/05. (jg, Court Staff) (Filed on 4/7/2005) (Entered: 04/07/2005)

04/19/2005 138 CLERK'S NOTICE OF CONTINUANCE: Continuing Motion Hearing on Plaintiff's Motion for Class Certification. Motion Hearing set for 7/29/2005 09:00 AM in Courtroom 6, 4th Floor, San Jose. (jg, Court Staff) (Filed on 4/19/2005)

(Entered: 04/19/2005)

04/19/2005 139 NOTICE by Steve Bardack Clerk's Notice of Continuance (Grant, John) (Filed on 4/19/2005) (Entered: 04/19/2005)

06/02/2005 140 STIPULATION Stipulation re: Briefing Schedule And Hearing Date on Motion for Class Certification; and Order Thereon by ESS Technology, Inc.. (Baker, Joshua) (Filed on 6/2/2005) (Entered: 06/02/2005)

06/07/2005 141 STIPULATION AND ORDER Re: Briefing Schedule and Hearing Date on Motion for Class Certification. Hearing is set for 10/28/05 @ 9:00 am. Signed by Judge Ronald M. Whyte on 6/7/05. (jg, Court Staff) (Filed on 6/7/2005) (Entered: 06/07/2005)

08/30/2005 142 STIPULATION Re: Briefing Schedule And Hearing Date On Motion For Class Certification; And Order Thereon by ESS Technology, Inc.. (Baker, Joshua) (Filed on 8/30/2005) (Entered: 08/30/2005)

09/13/2005 143 NOTICE of Change of Address by William S. Lerach Notice of Change of Firm Address (Lerach, William) (Filed on 9/13/2005) (Entered: 09/13/2005)

10/06/2005 144 STIPULATION AND ORDER Continuing the Briefing Schedule and Hearing Date on Motion for Class Certification. Motion Hearing is reset for 1/13/06 @ 9:00 am. Signed by Judge Ronald M. Whyte on 10/6/05. (jg, COURT STAFF) (Filed on 10/6/2005) (Entered: 10/06/2005)

12/02/2005 145 MOTION for Leave to File Defendants' Administrative Motion for Leave to File Under Seal Pursuant to Local Rul 7905 Certain Documents and Portion of Documents in Support of Defendants' Opposition to Class Certification; Declaration of Joshua D. Baker in Support Thereof filed by ESS Technology, Inc.. (Baker, Joshua) (Filed on 12/2/2005) (Entered: 12/02/2005)

12/02/2005 146 Request for Judicial Notice filed byESS Technology, Inc.. (Baker, Joshua) (Filed on 12/2/2005) (Entered: 12/02/2005)

12/02/2005 147 NOTICE by ESS Technology, Inc. Manual Filing Notification for Defendants' Opposition to Plaintiff's Motion for Class Certification (Baker, Joshua) (Filed on 12/2/2005) (Entered: 12/02/2005)

12/02/2005 148 Proposed Order Proposed Order Denying Plaintiff's Motion for Class Certification by ESS Technology, Inc.. (Baker, Joshua) (Filed on 12/2/2005) (Entered: 12/02/2005)

12/02/2005 149 Proposed Order Proposed Order on Defendants' Administrative Motion for Leave to File Under Seal by ESS Technology, Inc.. (Baker, Joshua) (Filed on 12/2/2005) (Entered: 12/02/2005)

12/02/2005 150 Declaration of Lori E. Romley in Support of Defendants' Opposition to Plaintiff's Motion for Class Certification filed byESS Technology, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Baker, Joshua) (Filed on 12/2/2005) (Entered: 12/02/2005)

12/02/2005 151 Declaration of Sara M. Folchi in Support of Defendants' Oppositionto Plaintiff's Motion for Class Certification filed byESS Technology, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7

Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10)(Baker, Joshua) (Filed on 12/2/2005) (Entered: 12/02/2005)

12/02/2005 152 EXHIBITS 11-19 to Declaration of Sara M. Folchi in Supoprt of Defendants' Opposition to Pliantiff's Motion for Class Certification filed byESS Technology, Inc.. (Attachments: # 1 Exhibit 12# 2 Exhibit 13# 3 Exhibit 14# 4 Exhibit 15# 5 Exhibit 16# 6 Exhibit 17# 7 Exhibit 18# 8 Exhibit 19.1# 9 Exhibit 19.2)(Baker, Joshua) (Filed on 12/2/2005) (Entered: 12/02/2005)

12/02/2005 153 EXHIBITS 29-38 to Declaration of Sara M. Folchi in Support of Defendants' Opposition to Plaintiff's Motion for Class Certification filed byESS Technology, Inc.. (Attachments: # 1 Exhibit 30# 2 Exhibit 31# 3 Exhibit 32# 4 Exhibit 33# 5 Exhibit 34# 6 Exhibit 35# 7 Exhibit 36# 8 Exhibit 37# 9 Exhibit 38)(Baker, Joshua) (Filed on 12/2/2005) (Entered: 12/02/2005)

12/02/2005 154 EXHIBITS 20-25 to Declaration of Sara M. Folchi in Suport of Defendants' Opposition to Plaintiff's Motion for Class Certification filed byESS Technology, Inc.. (Attachments: # 1 Exhibit 20.2# 2 Exhibit 22# 3 Exhibit 21# 4 Exhibit 21.2# 5 Exhibit 23# 6 Exhibit 24# 7 Exhibit 25)(Baker, Joshua) (Filed on 12/2/2005) (Entered: 12/02/2005)

12/02/2005 155 EXHIBITS 26-28 of Declaration of Sara M. Folchi in Support of Defendants' Oppositionto Plaintifff's Motion for Class Certification filed byESS Technology, Inc.. (Attachments: # 1 Exhibit 27# 2 Exhibit 28)(Baker, Joshua) (Filed on 12/2/2005) (Entered: 12/02/2005)

12/02/2005 156 Opposition to 134 Plaintiff's MOTION to Certify Class filed byFrederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (REDACTED VERSION) (dhm, COURT STAFF) (Filed on 12/2/2005) (Entered: 12/05/2005)

12/02/2005 Received Opposition to Plaintiff's Motion for Class Certification by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (DOCUMENT SUBMITTED UNDER SEAL)(dhm, COURT STAFF) (Filed on 12/2/2005) (Entered: 12/05/2005)

12/02/2005 Received Exhibit 4 to the declaration of Sara M. Folchi in support of defendants' opposition to plaintiff's motion for class certification by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (DOCUMENT SUBMITTED UNDER SEAL)(dhm, COURT STAFF) (Filed on 12/2/2005) (Entered: 12/06/2005)


12/02/2005 Received Exhibit 6 to the declaration of Sara M. Folchi in support of defendants' opposition to plaintiff's motion for class certification by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (DOCUMENT SUBMITTED UNDER SEAL) (dhm, COURT STAFF) (Filed on 12/2/2005) (Entered: 12/06/2005)






















12/02/2005 159 CERTIFICATE OF SERVICE by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd re Received Document,, Received Document,, Received Document,, Received Document,, Received Document,, Received Document,, Received Document,, Received Document,, Received Document,, Received Document,, Received Document,, Received Document,, Received Document,, Received Document,, Received Document,, Received Document,, 156 Memorandum in Opposition, Received Document, Received Document,, Received Document,, Received Document,, Received Document,, Received Document,, Received Document,, Received Document,, Received Document, (dhm, COURT STAFF) (Filed on 12/2/2005) (Entered: 12/09/2005)

12/02/2005 162 Opposition to 134 Plaintiff's MOTION to Certify Class filed by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. FILED UNDER SEAL PURSUANT TO ORDER # 160 (dhm, COURT STAFF) (Filed on 12/2/2005) (Entered: 12/29/2005)

12/02/2005 163 EXHIBIT 4 to 151 the Declaration of Sara M. Folchi in Support of Defendants' Opposition to Plaintiff's Motion for Class Certification, filed byFrederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. FILED UNDER SEAL PURSUANT TO ORDER #160 (Related document(s) 151 ) (dhm, COURT STAFF) (Filed on 12/2/2005) (Entered: 12/29/2005)

12/02/2005 164 EXHIBIT 5 to 151 the Declaration of Sara M. Folchi in Support of Defendants' Opposition to Plaintiff's Motion for Class Certification filed by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. FILED UNDER SEAL PURSUANT TO ORDER #160 (Related document(s) 151 ) (dhm, COURT STAFF) (Filed on 12/2/2005) (Entered: 12/29/2005)

12/02/2005 165 EXHIBIT 6 to 151 the Declaration of Sara M. Folchi in Support of Defendants' Opposition to Plaintiff's Motion for Class Certification filed by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. FILED UNDER SEAL PURSUANT TO ORDER #160. (Related document(s) 151 ) (dhm, COURT STAFF) (Filed on 12/2/2005) (Entered: 12/29/2005)

12/02/2005 166 EXHIBIT 8 to 151 the Declaration of Sara M. Folchi in Support of Defendants'

Opposition to Plaintiff's Motion for Class Certification filed by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. FILED UNDER SEAL PURSUANT TO ORDER #160. (Related document(s) 151 ) (dhm, COURT STAFF) (Filed on 12/2/2005) (Entered: 12/29/2005)

12/02/2005 167 EXHIBIT 9 to 151 the Declaration of Sara M. Folchi in Support of Defendants' Opposition to Plaintiff's Motion for Class Certification, filed by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. FILED UNDER SEAL PURSUANT TO ORDER #160. (Related document(s) 151 ) (dhm, COURT STAFF) (Filed on 12/2/2005) (Entered: 12/29/2005)



12/02/2005 170 EXHIBIT 12 to 151 the Declaration of Sara M. Folchi in Support of Defendants' Opposition to Plaintiff's Motion for Class Certification, filed by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. PURSUANT TO ORDER #160. (Related document(s) 151 ) (dhm, COURT STAFF) (Filed on 12/2/2005) (Entered: 12/29/2005)










12/02/2005 180 EXHIBIT 32 to 151 he Declaration of Sara M. Folchi in Support of Defendants' Opposition to Plaintiff's Motion for Class Certification, filed by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. FILED UNDER SEAL PURSUANT TO ORDER #160. (Related document(s) 151 ) (dhm, COURT STAFF) (Filed on 12/2/2005) (Entered: 12/29/2005)


12/02/2005 182 EXHIBIT 34 to 151 the Declaration of Sara M. Folchi in Support of Defendants' Opposition to Plaintiff's Motion for Class Certification, filed by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. FILED UNDER SEAL PURSUANT TO ORDER #160.(Related document(s) 151 ) (dhm, COURT STAFF) (Filed on 12/2/2005) (Entered: 12/29/2005)


12/02/2005 184 EXHIBIT 36 to 151 the Declaration of Sara M. Folchi in Support of Defendants' Opposition to Plaintiff's Motion for Class Certification, filed by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. FILED UNDER SEAL PURSUANT TO ORDER #160.(Related document(s) 151 ) (dhm, COURT STAFF) (Filed on 12/2/2005) (Entered: 12/29/2005)



12/08/2005 157 Declaration of JOHN K. GRANT IN SUPPORT OF MOTION TO FILE CERTAIN DOCUMENTS CONTAINING PERSONAL FINANCIAL INFORMATION UNDER SEAL filed bySteve Bardack. (Grant, John) (Filed on 12/8/2005) (Entered: 12/08/2005)

12/08/2005 158 Proposed Order GRANTING MOTION TO FILE CERTAIN DOCUMENTS CONTAINING PERSONAL FINANCIAL INFORMATION UNDER SEAL by Steve Bardack. (Grant, John) (Filed on 12/8/2005) (Entered: 12/08/2005)

12/20/2005 160 ORDER by Judge Ronald M. Whyte.granting 145 Motion for Leave to File Under Seal. (jg, COURT STAFF) (Filed on 12/20/2005) (Entered: 12/20/2005)

12/20/2005 161 Brief PROOF OF SERVICE filed byESS Technology, Inc.. (Folchi, Sara) (Filed on 12/20/2005) (Entered: 12/20/2005)

12/30/2005 187 Reply to Opposition re 134 MOTION to Certify Class PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION PLAINTIFF'S REPLY IN SUPPORT OF MOTION FOR CLASS CERTIFICATION filed bySteve Bardack. (Attachments: # 1 Exhibit A)(Grant, John) (Filed on 12/30/2005) (Entered: 12/30/2005)

01/12/2006 188 Proposed Order Proposed Order on Plaintiff's Motion for Class Certification by Steve Bardack. (Grant, John) (Filed on 1/12/2006) (Entered: 01/12/2006)

01/13/2006 189 Minute Entry: Motion Hearing held on 1/13/2006 before Ronald M. Whyte (Date Filed: 1/13/2006) re 134 MOTION to Certify Class PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION filed by Steve Bardack,. (Court Reporter Lee-Anne Shortridge.) (jg, COURT STAFF) (Date Filed: 1/13/2006) (Entered: 01/13/2006)

01/18/2006 Magistrate Judge Edward A. Infante no longer assigned to case. CASE REFERRED to Magistrate Judge Howard R. Lloyd for Discovery matters. (jg, COURT STAFF) (Filed on 1/18/2006) (Entered: 01/18/2006)

01/18/2006 190 ORDER ASSIGNING Magistrate Judge Howard R. Lloyd as the referral judge to case.. Signed by Executivre Committee on January 18, 2006. (bw, COURT

STAFF) (Filed on 1/18/2006) (Entered: 01/18/2006)

01/20/2006 191 TRANSCRIPT of Proceedings held on 1/13/2006 before Judge Ronald M. Whyte. Court Reporter: Lee-Anne Shortridge.. (dhm, COURT STAFF) (Filed on 1/20/2006) (Entered: 01/23/2006)

02/01/2006 192 Letter from John K. Grant Submitting Proposed Order. (Grant, John) (Filed on 2/1/2006) (Entered: 02/01/2006)

02/01/2006 193 Proposed Order re 192 Letter Proposed Order on Plaintiff's Motion for Class Certification by Steve Bardack. (Grant, John) (Filed on 2/1/2006) (Entered: 02/01/2006)

02/02/2006 194 Mail Returned as Undeliverable. Mail sent to Joshua N. Lifshitz. Postal Service unable to forward. (bw, COURT STAFF) (Filed on 2/2/2006) (Entered: 02/03/2006)

02/07/2006 195 First MOTION for Protective Order Defendants' Notice of Motion and Motion for a Protective Order Against Certain discovery; and Memorandum of Points and Authorities in Support Thereof filed by ESS Technology, Inc.. Motion Hearing set for 3/14/2006 10:00 AM. (Baker, Joshua) (Filed on 2/7/2006) (Entered: 02/07/2006)

02/07/2006 196 NOTICE by Steve Bardack PLAINTIFF'S MISCELLANEOUS ADMINISTRATIVE REQUEST FOR LEAVE TO FILE UNDER SEAL CERTAIN DOCUMENTS AND PORTIONS OF DOCUMENTS IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO THE FIRST SET OF DOCUMENT REQUESTS (Brooks, Luke) (Filed on 2/7/2006) (Entered: 02/07/2006)

02/07/2006 197 Declaration of Joshua D. Baker in Support of Defendants' Motion for a Protective Order filed byESS Technology, Inc.. (Attachments: # 1 Exhibit A-B# 2 Exhibit C# 3 Exhibit D# 4 Exhibit E-F# 5 Exhibit G-H)(Baker, Joshua) (Filed on 2/7/2006) (Entered: 02/07/2006)

02/07/2006 198 Proposed Order Granting Defendants' Motion for a Protective Order Against Certain Discovery by ESS Technology, Inc.. (Baker, Joshua) (Filed on 2/7/2006) (Entered: 02/07/2006)

02/07/2006 199 Declaration in Support of 196 Notice (Other), Notice (Other) DECLARATION OF JOHN K. GRANT IN SUPPORT OF PLAINTIFF'S MISCELLANEOUS ADMINISTRATIVE REQUEST FOR LEAVE TO FILE UNDER SEAL CERTAIN DOCUMENTS AND PORTIONS OF DOCUMENTS IN SUPPORT OF P LAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO PLAINTIFF'S FIRST REQUEST filed bySteve Bardack. (Related document(s) 196 ) (Brooks, Luke) (Filed on 2/7/2006) (Entered: 02/07/2006)

02/07/2006 200 Proposed Order re 196 Notice (Other), Notice (Other) [PROPOSED] ORDER GRANTING MISCELLANEOUS ADMINISTRATIVE REQUEST FOR LEAVE TO FILE UNDER SEAL CERTAIN DOCUMENTS AND PORTIONS OF DOCUMENTS IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO THE FIRST SET OF

DOCUMENT REQUESTS by Steve Bardack. (Brooks, Luke) (Filed on 2/7/2006) (Entered: 02/07/2006)

02/07/2006 201 Third MOTION to Compel PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO THE FIRST SET OF DOCUMENT REQUESTS AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Steve Bardack. Motion Hearing set for 3/14/2006 10:00 AM. (Brooks, Luke) (Filed on 2/7/2006) (Entered: 02/07/2006)

02/07/2006 202 Declaration in Support of 201 Third MOTION to Compel PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO THE FIRST SET OF DOCUMENT REQUESTS AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF DECLARATION OF LUKE O. BROOKS IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO THE FIRST SET OF DOCUMENT REQUESTS filed bySteve Bardack. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Errata 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Errata 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Errata 18# 19 Exhibit 19# 20 Exhibit 20# 21 Errata 21# 22 Exhibit 22# 23 Errata 23# 24 Errata 24# 25 Errata 25)(Related document(s) 201 ) (Brooks, Luke) (Filed on 2/7/2006) (Entered: 02/07/2006)

02/07/2006 203 Proposed Order re 201 Third MOTION to Compel PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO THE FIRST SET OF DOCUMENT REQUESTS AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL THE PRODUCTION OF DOCUMENTS RESPONSIVE TO PLAINTIFF'S FIRST REQUEST by Steve Bardack. (Brooks, Luke) (Filed on 2/7/2006) (Entered: 02/07/2006)

02/08/2006 204 ORDER by Judge Ronald M. Whyte granting 134 Motion to Certify Class. (jg, COURT STAFF) (Filed on 2/8/2006) (Entered: 02/08/2006)

02/08/2006 Received Notice of Motion and Motion to Compel Production of Documents Responsive to the First Set of Document Requests and Memorandum of Points and Authorities in Support Thereof by Richard Brinkman, Diversified Electronics, Inc., James C. Edelmann, Daniel C. Rann, James W. Becker, Randy Bohart, Sandy Dorman, Patriot Shipping Corporation, Mayer Abramowitz, Palmer Fauconnier, Mike Forrestal, Adam D. Saphier, Steve Bardack. (ORIGINAL DOCUMENT SUBMITTED UNDER SEAL/NO OTHER COPIES SUBMITTED)(dhm, COURT STAFF) (Filed on 2/8/2006) (Entered: 02/08/2006)

02/08/2006 Received Declaration of Luke O. Brooks in Support of Plaintiff's Motion to Compel Production of Documents Responsive to the First Set of Document Requests by Richard Brinkman, Diversified Electronics, Inc., James C. Edelmann, Daniel C. Rann, James W. Becker, Randy Bohart, Sandy Dorman, Patriot Shipping Corporation, Mayer Abramowitz, Palmer Fauconnier, Mike Forrestal, Adam D. Saphier, Steve Bardack. (ORIGINAL DOCUMENT SUBMITTED UNDER SEAL/NO COPIES SUBMITTED)(dhm, COURT STAFF) (Filed on

2/8/2006) (Entered: 02/08/2006)

02/13/2006 205 Brief Defendants' Miscellaneous Administrative Request Withdrawing Designation of Confidentiality Regarding Certain Documents Lodged With the Court filed byESS Technology, Inc.. (Baker, Joshua) (Filed on 2/13/2006) (Entered: 02/13/2006)

02/14/2006 206 MOTION to Compel PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO THE FIRST SET OF DOCUMENT REQUESTS AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Steve Bardack. Motion Hearing set for 3/14/2006 10:00 AM. (Brooks, Luke) (Filed on 2/14/2006) (Entered: 02/14/2006)

02/14/2006 207 Declaration of Luke O. Brooks in Support of 206 MOTION to Compel PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO THE FIRST SET OF DOCUMENT REQUESTS AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF DECLARATION OF LUKE O. BROOKS IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO THE FIRST SET OF DOCUMENT REQUESTS filed bySteve Bardack. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20# 21 Exhibit 21# 22 Exhibit 22# 23 Exhibit 23# 24 Exhibit 24# 25 Exhibit 25)(Related document(s) 206 ) (Brooks, Luke) (Filed on 2/14/2006) (Entered: 02/14/2006)

02/21/2006 208 Memorandum in Opposition Plaintiff's Opposition to Defendants' Motion for a Protective Order Against Certain Discovery filed bySteve Bardack. (Grant, John) (Filed on 2/21/2006) (Entered: 02/21/2006)

02/21/2006 209 Proposed Order re 208 Memorandum in Opposition Proposed Order Denying Defendants' Motion for a Protective Order Against Certain Discovery by Steve Bardack. (Grant, John) (Filed on 2/21/2006) (Entered: 02/21/2006)

02/21/2006 210 Declaration in Support of 208 Memorandum in Opposition, 209 Proposed Order Declaration of Luke O. Brooks in Support of Plaintiff's Opposition to Defendants' Motion for a Protective Order Against Certain Defendants filed bySteve Bardack. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Related document(s) 208 , 209 ) (Brooks, Luke) (Filed on 2/21/2006) (Entered: 02/21/2006)

02/21/2006 211 Memorandum in Opposition Defendants' Opposition to Plaintiff's Motion to Compel Production of Documents Responsive to the First Set of Document Requests filed byESS Technology, Inc.. (Baker, Joshua) (Filed on 2/21/2006) (Entered: 02/21/2006)

02/21/2006 212 DECLARATION of Joshua D. Baker in Support of Defendants' Opposition to Plaintiff's Motion to Compel Production of Documents Responsive to the First Set of Document Requests filed byESS Technology, Inc.. (Attachments: # 1 Exhibit A & B)(Baker, Joshua) (Filed on 2/21/2006) (Entered: 02/21/2006)

02/21/2006 213 Proposed Order Denying Plaintiff's Motion to Compel Production of Documents Responsive to the First Set of Document Requests by ESS Technology, Inc.. (Baker, Joshua) (Filed on 2/21/2006) (Entered: 02/21/2006)

02/28/2006 214 *** FILED IN ERROR. PLEASE SEE DOCKET # 218 . *** Reply Memorandum Plaintiff's Reply in Support of Motion to Compel Production of Documents Responsive to the First Set of Document Requests filed bySteve Bardack. (Grant, John) (Filed on 2/28/2006) Modified on 3/1/2006 (ewn, COURT STAFF). (Entered: 02/28/2006)

02/28/2006 215 Declaration of John K. Grant in Support of 214 Reply Memorandum Declaration of John K. Grant in Support of Plaintiff's Reply in Support of Motion to Compel Production of Documents Responsive to the First Set of Document Requests filed bySteve Bardack. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9)(Related document(s) 214 ) (Grant, John) (Filed on 2/28/2006) (Entered: 02/28/2006)

02/28/2006 216 Reply Memorandum IN SUPPORT OF MOTION FOR PROTECTIVE ORDER filed byFrederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (Landy, Meredith) (Filed on 2/28/2006) (Entered: 02/28/2006)

02/28/2006 217 Declaration of SARA M. FOLCHI IN SUPPORT OF DEFENDANTS' MOTION FOR A PROTECTIVE ORDER filed byFrederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (Landy, Meredith) (Filed on 2/28/2006) (Entered: 02/28/2006)

02/28/2006 218 Reply Memorandum Plaintiff's Reply in Support of Motion to Compel Production of Documents Responsive to the First Set of Document Requests filed bySteve Bardack. (Grant, John) (Filed on 2/28/2006) (Entered: 02/28/2006)

03/07/2006 219 MOTION / Defendants' Miscellaneous Administrative Request to Vacate March 14, 2006 Hearing on Plaintiff's Discovery Motion, Pursuant to the PSLRA's Automatic Discovery Stay and Prohibition Against Using Discovery to Allege a Claim re 206 MOTION to Compel PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO THE FIRST SET OF DOCUMENT REQUESTS AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (Romley, Lori) (Filed on 3/7/2006) (Entered: 03/07/2006)

03/07/2006 220 Declaration of Lori E. Romley in Support of 219 MOTION / Defendants' Miscellaneous Administrative Request to Vacate March 14, 2006 Hearing on Plaintiff's Discovery Motion, Pursuant to the PSLRA's Automatic Discovery Stay and Prohibition Against Using Discovery to Allege a Claim re [2 filed byFrederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Related document(s) 219 ) (Romley, Lori) (Filed on 3/7/2006) (Entered: 03/07/2006)

03/08/2006 221 RESPONSE in Support Plaintiff's Response to Defendants' Miscellaneous Administrative Request to Vacate the March 14, 2006 Hearing of Plaintiff's Discovery Motion filed bySteve Bardack. (Grant, John) (Filed on 3/8/2006)

(Entered: 03/08/2006)

03/08/2006 222 Letter from John K. Grant Re March 14, 2006 Hearing. (Grant, John) (Filed on 3/8/2006) (Entered: 03/08/2006)

03/09/2006 223 Letter from Joshua D. Baker to the Honorable Judge Lloyd Re: March 14, 2006 Discovery Motions Are Off Calendar. (Baker, Joshua) (Filed on 3/9/2006) (Entered: 03/09/2006)

03/17/2006 224 Brief Defendants' Withdrawal of Miscellaneous Administrative Request to Vacate the March 14, 2006 Hearing on Plaintiff's Discovery Motion filed byFrederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (Romley, Lori) (Filed on 3/17/2006) (Entered: 03/17/2006)

03/24/2006 225 MOTION to Amend/Correct 87 Amended Complaint, Plaintiffs' Notice of Motion and Motion for Leave to Amend Plaintiffs' Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Steve Bardack. Motion Hearing set for 4/28/2006 09:00 AM. (Grant, John) (Filed on 3/24/2006) (Entered: 03/24/2006)

03/24/2006 226 AMENDED COMPLAINT Proposed Third Amended Complaint for Violations of the Federal Securities Laws against Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. Filed bySteve Bardack. (Grant, John) (Filed on 3/24/2006) (Entered: 03/24/2006)

03/24/2006 227 Appendix re 226 Amended Complaint, Appendix to Proposed Third Amended Complaint for Violations of the Federal Securities Laws filed bySteve Bardack. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20# 21 Exhibit 21# 22 Exhibit 22# 23 Exhibit 23# 24 Exhibit 24# 25 Exhibit 25# 26 Supplement 26# 27 Exhibit 27# 28 Exhibit 28)(Related document(s) 226 ) (Grant, John) (Filed on 3/24/2006) (Entered: 03/24/2006)

03/24/2006 228 Proposed Order re 225 MOTION to Amend/Correct 87 Amended Complaint, Plaintiffs' Notice of Motion and Motion for Leave to Amend Plaintiffs' Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof Proposed Order Granting Plaintiffs' Motion for Leave to Amend Plaintiffs' Second Amended Complaint by Steve Bardack. (Grant, John) (Filed on 3/24/2006) (Entered: 03/24/2006)

03/29/2006 229 STIPULATION Stipulation and Proposed Order Regarding Briefing Schedule on Motion to Amend and Vacating Discovery Cut-Off Due to Pending Motion to Amend by Steve Bardack. (Grant, John) (Filed on 3/29/2006) (Entered: 03/29/2006)

04/07/2006 230 STIPULATION AND ORDER Regarding Briefing Schedule on Motion to Amend and Vacating Discovery Cut-Off Due to Pending Motion to Amend. Hearing on the Motion to Amend is set for 5/19/06 @ 9:00 am. Signed by Judge Ronald M. Whyte on 4/7/06. (jg, COURT STAFF) (Filed on 4/7/2006) (Entered: 04/07/2006)

04/18/2006 231 Memorandum in Opposition TO PLAINTIFFS' MOTION FOR LEAVE TO

AMEND COMPLAINT filed byFrederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (Landy, Meredith) (Filed on 4/18/2006) (Entered: 04/18/2006)

04/18/2006 232 Request for Judicial Notice IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT filed byFrederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (Landy, Meredith) (Filed on 4/18/2006) (Entered: 04/18/2006)

04/18/2006 233 *** FILED IN ERROR. PLEASE SEE DOCKET # 235 . *** Declaration of SARA M. FOLCHI IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT filed byFrederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (Landy, Meredith) (Filed on 4/18/2006) Modified on 4/19/2006 (ewn, COURT STAFF). (Entered: 04/18/2006)

04/18/2006 234 CERTIFICATE OF SERVICE by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd ON DESIGNATED INTERNET SITE PURSUANT TO CIVIL LOCAL RULE 23-2(C) (Landy, Meredith) (Filed on 4/18/2006) (Entered: 04/18/2006)

04/18/2006 235 Declaration of SARA M. FOLCHI IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT - CORRECTION OF DOCKET # 233 filed byFrederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (Landy, Meredith) (Filed on 4/18/2006) (Entered: 04/18/2006)

04/18/2006 236 Proposed Order DENYING PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (Landy, Meredith) (Filed on 4/18/2006) (Entered: 04/18/2006)

05/05/2006 237 Reply Memorandum re 225 MOTION to Amend/Correct 87 Amended Complaint, Plaintiffs' Notice of Motion and Motion for Leave to Amend Plaintiffs' Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof PLAINTIFF'S REPLY IN SUPPORT OF MOTION FOR LEAVE TO AMEND PLAINTIFF'S SECOND AMENDED COMPLAINT filed bySteve Bardack. (Grant, John) (Filed on 5/5/2006) (Entered: 05/05/2006)

05/05/2006 238 NOTICE by Steve Bardack NOTICE OF ERRATA FOR [CORRECTED PROPOSED] THIRD AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS (Grant, John) (Filed on 5/5/2006) (Entered: 05/05/2006)

05/05/2006 239 AMENDED COMPLAINT [CORRECTED PROPOSED] THIRD AMENDED COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS against Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. Filed bySteve Bardack. (Grant, John) (Filed on 5/5/2006) (Entered: 05/05/2006)

05/19/2006 241 Minute Entry: Motion Hearing held on 5/19/2006 before Ronald M. Whyte (Date Filed: 5/19/2006) re 225 MOTION to Amend/Correct 87 Amended Complaint, Plaintiffs' Notice of Motion and Motion for Leave to Amend Plaintiffs' Second

Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Steve Bardack,. (Court Reporter Lee-Anne Shortridge.) (jg, COURT STAFF) (Date Filed: 5/19/2006) (Entered: 06/09/2006)

05/30/2006 240 ORDER by Judge Ronald M. Whyte Denying 225 Plaintiffs' Motion for Leave to Amend (rmwlc1, COURT STAFF) (Filed on 5/30/2006) (Entered: 05/30/2006)

07/19/2006 242 STIPULATION TO RESET DISCOVERY CUTOFF, DEADLINES AND HEARINGS by Frederick S.L. Chan, ESS Technology, Inc., Robert L. Blair, Patrick Ang, James B. Boyd. (Edmondson, Dale) (Filed on 7/19/2006) (Entered: 07/19/2006)

08/02/2006 243 STIPULATION AND ORDER to Reset Discovery Cutoff, Deadlines and Hearings: Jury Trial set for 10/15/2007 01:30 PM in Courtroom 6, 4th Floor, San Jose. Motion Hearing set for 7/27/2007 09:00 AM in Courtroom 6, 4th Floor, San Jose. Pretrial Conference set for 9/27/2007 02:00 PM in Courtroom 6, 4th Floor, San Jose. Fact Discovery cutoff 12/22/06. Signed by Judge Ronald M. Whyte on 8/2/06. (jg, COURT STAFF) (Filed on 8/2/2006) (Entered: 08/02/2006)

08/02/2006 Set/Reset Scheduling Order Deadlines: Fact Discovery due by 12/22/2006; Expert Discovery due 3/23/2007. Discovery Motions due by 1/26/2007; Pretrial Statements due 9/21/2007. (dhm, COURT STAFF) (Filed on 8/2/2006) (Entered: 08/03/2006)

08/25/2006 244 TRANSCRIPT of Proceedings held on May 19, 2006 before Judge Ronald M. Whyte. Court Reporter: Lee-Anne Shortridge.. (bw, COURT STAFF) (Filed on 8/25/2006) (Entered: 08/25/2006)

10/23/2006 245 STIPULATION AND [PROPOSED] ORDER TO RESET DISCOVERY CUT-OFF, DEADLINES AND HEARINGS by Steve Bardack. (Brooks, Luke) (Filed on 10/23/2006) (Entered: 10/23/2006)

11/06/2006 246 STIPULATION AND ORDER Re: 245 to Reset Discovery Cut-Off, Deadlines and Hearings: Jury Trial set for 1/22/2008 01:30 PM in Courtroom 6, 4th Floor, San Jose. Motion Hearing set for 10/19/2007 09:00 AM in Courtroom 6, 4th Floor, San Jose. Pretrial Conference set for 12/6/2007 02:00 PM in Courtroom 6, 4th Floor, San Jose, Discovery cutoff 3/16/07. Signed by Judge Ronald M. Whyte on 11/6/06. (jg, COURT STAFF) (Filed on 11/6/2006) (Entered: 11/06/2006)

04/30/2007 247 SETTLEMENT AGREEMENT Stipulation of Settlement and Release by Steve Bardack, Steve Bardack. (Attachments: # 1 Exhibit A# 2 Exhibit A-1# 3 Exhibit A-2# 4 Exhibit A-3# 5 Exhibit B)(Bull, Joy) (Filed on 4/30/2007) (Entered: 04/30/2007)

04/30/2007 248 STIPULATION and [Proposed] Order Preliminarily Approving Settlement and Providing for Notice by Steve Bardack. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2# 3 Exhibit A-3)(Bull, Joy) (Filed on 4/30/2007) (Entered: 04/30/2007)

05/08/2007 249 STIPULATION AND ORDER 248 Preliminarily Approving Settlement and Providing for Notice. Fairness Hearing set for 7/27/2007 09:00 AM. Signed by Judge Ronald M. Whyte on 5/4/07. (jg, COURT STAFF) (Filed on 5/8/2007) (Entered: 05/08/2007)

07/20/2007 250 MOTION for Settlement and Memorandum of Points and Authorities in Support

of Final Approval of Settlement and the Plan of Allocation of Settlement Proceeds filed by Steve Bardack. Motion Hearing set for 7/27/2007 09:00 AM in Courtroom 6, 4th Floor, San Jose. (Attachments: # 1 Proposed Order Plan of Allocation# 2 Proposed Order Final Judgment)(Bull, Joy) (Filed on 7/20/2007) (Entered: 07/20/2007)

07/20/2007 251 MOTION for Attorney Fees and Memorandum of Points and Authorities in Support of Lead Plaintiff's Application for an Award of Attorneys' Fees and Expenses filed by Steve Bardack. Motion Hearing set for 7/27/2007 09:00 AM in Courtroom 6, 4th Floor, San Jose. (Attachments: # 1 Proposed Order Attorneys' Fees and Expenses)(Bull, Joy) (Filed on 7/20/2007) (Entered: 07/20/2007)

07/20/2007 252 Declaration of John K. Grant in Support of 251 MOTION for Attorney Fees and Memorandum of Points and Authorities in Support of Lead Plaintiff's Application for an Award of Attorneys' Fees and Expenses, 250 MOTION for Settlement and Memorandum of Points and Authorities in Support of Final Approval of Settlement and the Plan of Allocation of Settlement Proceeds filed bySteve Bardack. (Related document(s) 251 , 250 ) (Bull, Joy) (Filed on 7/20/2007) (Entered: 07/20/2007)

07/20/2007 253 Declaration of Steve Bardack in Support of 251 MOTION for Attorney Fees and Memorandum of Points and Authorities in Support of Lead Plaintiff's Application for an Award of Attorneys' Fees and Expenses, 250 MOTION for Settlement and Memorandum of Points and Authorities in Support of Final Approval of Settlement and the Plan of Allocation of Settlement Proceeds filed bySteve Bardack. (Attachments: # 1 Exhibit 1)(Related document(s) 251 , 250 ) (Bull, Joy) (Filed on 7/20/2007) (Entered: 07/20/2007)

07/20/2007 254 Declaration of Carole K. Sylvester in Support of 251 MOTION for Attorney Fees and Memorandum of Points and Authorities in Support of Lead Plaintiff's Application for an Award of Attorneys' Fees and Expenses, 250 MOTION for Settlement and Memorandum of Points and Authorities in Support of Final Approval of Settlement and the Plan of Allocation of Settlement Proceeds Regarding Notice Procedures filed bySteve Bardack. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Related document(s) 251 , 250 ) (Bull, Joy) (Filed on 7/20/2007) (Entered: 07/20/2007)

07/20/2007 255 Declaration of Joy Ann Bull in Support of 251 MOTION for Attorney Fees and Memorandum of Points and Authorities in Support of Lead Plaintiff's Application for an Award of Attorneys' Fees and Expenses filed bySteve Bardack. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(Related document(s) 251 ) (Bull, Joy) (Filed on 7/20/2007) (Entered: 07/20/2007)

07/20/2007 256 Declaration of Joy Ann Bull in Support of 251 MOTION for Attorney Fees and Memorandum of Points and Authorities in Support of Lead Plaintiff's Application for an Award of Attorneys' Fees and Expenses on Behalf of Lerach Coughlin Stoia Geller Rudman & Robbins LLP filed bySteve Bardack. (Attachments: # 1 Exhibit A)(Related document(s) 251 ) (Bull, Joy) (Filed on 7/20/2007) (Entered: 07/20/2007)

07/27/2007 257 Minute Entry: Motion Hearing held on 7/27/2007 before Ronald M. Whyte (Date

Filed: 7/27/2007) re 251 MOTION for Attorney Fees and Memorandum of Points and Authorities in Support of Lead Plaintiff's Application for an Award of Attorneys' Fees and Expenses filed by Steve Bardack, 250 MOTION for Settlement and Memorandum of Points and Authorities in Support of Final Approval of Settlement and the Plan of Allocation of Settlement Proceeds filed by Steve Bardack. (Court Reporter Lee-Anne Shortridge.) (jg, COURT STAFF) (Date Filed: 7/27/2007) (Entered: 07/27/2007)

07/27/2007 258 ORDER by Judge Ronald M. Whyte Granting 250 Motion of Final Approval of Settlement and the Plan of Allocation of Settlement Proceeds. (jg, COURT STAFF) (Filed on 7/27/2007) (Entered: 07/27/2007)

07/27/2007 259 FINAL JUDGMENT 250 AND ORDER OF DISMISSAL WITH PREJUDICE, ***Civil Case Terminated. This Document Relates to All Actions. Signed by Judge Ronald M. Whyte on 7/27/07. (jg, COURT STAFF) (Filed on 7/27/2007) (Entered: 07/27/2007)

09/07/2007 260 NOTICE by Steve Bardack NOTICE OF FIRM NAME CHANGE (Brooks, Luke) (Filed on 9/7/2007) (Entered: 09/07/2007)

09/21/2007 261 MOTION for Settlement Lead Plaintiff's Motion Pursuant to 15 U.S.C. 78u-4(a)(4) filed by Steve Bardack. Motion Hearing set for 10/26/2007 09:00 AM. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Robbins, Darren) (Filed on 9/21/2007) (Entered: 09/21/2007)

09/21/2007 262 Supplemental Declaration of Joy Ann Bull Filed on Behalf of Coughlin Stoia Geller Rudman & Robbins LLP in Support of 251 Application for an Award of Attorneys' Fees filed by Steve Bardack. (Robbins, Darren) (Filed on 9/21/2007) Modified on 10/1/2007 to link entry to document #251 (dhm, COURT STAFF). (Entered: 09/21/2007)

10/26/2007 263 Minute Entry: Motion Hearing held on 10/26/2007 before Ronald M. Whyte (Date Filed: 10/26/2007) re 261 MOTION for Settlement Lead Plaintiff's Motion Pursuant to 15 U.S.C. 78u-4(a)(4) MOTION for Settlement Lead Plaintiff's Motion Pursuant to 15 U.S.C. 78u-4(a)(4) filed by Steve Bardack. (Court Reporter Lee-Anne Shortridge.) (jg, COURT STAFF) (Date Filed: 10/26/2007) (Entered: 10/26/2007)

10/26/2007 264 ORDER by Judge Ronald M. Whyte Granting 261 Motion for Settlement (Awarding Attorneys' Fees and Expenses). (jg, COURT STAFF) (Filed on 10/26/2007) (Entered: 10/26/2007)

10/30/2007 265 ORDER denying 261 Lead Plaintiff's Motion Under 15 U.S.C. 78u-4(a)(4). Signed by Judge Whyte on 10/29/07. (rmwlc2, COURT STAFF) (Filed on 10/30/2007) (Entered: 10/30/2007)

11/21/2007 266 NOTICE OF APPEAL as to 265 Order by Steve Bardack. Filing fee $ 455, receipt number 54611002123. (dhm, COURT STAFF) (Filed on 11/21/2007) (Entered: 11/27/2007)

11/27/2007 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 266 Notice of Appeal (dhm, COURT STAFF) (Filed on 11/27/2007) (Entered: 11/27/2007)

12/18/2007 USCA Case Number 07-17239 Ninth Circuit for 266 Notice of Appeal filed by Steve Bardack. (dhm, COURT STAFF) (Filed on 12/18/2007) (Entered: 01/07/2008)

12/19/2007 267 TRANSCRIPT of Proceedings held on October 26, 2007 before Judge Ronald M. Whyte. Court Reporter: Lee-Anne Shortridge. (bw, COURT STAFF) (Filed on 12/19/2007) (Entered: 12/20/2007)

12/26/2007 268 TRANSCRIPT DESIGNATION by Steve Bardack for proceedings held on 12/20/2002, 10/3/2003, 3/19/2004, 2/11/2005, 1/13/2006, 5/19/2006, 7/27/2007, 10/26/2007 before Judge Ronald M. Whyte, C.R: Lee-Anne Shortridge (dhm, COURT STAFF) (Filed on 12/26/2007) (Entered: 12/28/2007)




01/23/2008 Certificate of Record Mailed to USCA re appeal 266 Notice of Appeal : (dhm, COURT STAFF) (Filed on 1/23/2008) (Entered: 01/23/2008)

03/07/2008 272 ORDER of USCA as to 266 Notice of Appeal filed by Steve Bardack. The appellant's motion for voluntary dismissal is granted. This appeal is dismissed. (dhm, COURT STAFF) (Filed on 3/7/2008) (Entered: 03/11/2008)

03/07/2008 273 CLERKS Letter Spreading Mandate to Counsel (dhm, COURT STAFF) (Filed on 3/7/2008) (Entered: 03/11/2008)

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