US District Court for the District of Delaware

Transcription

1 US District Court Civil Docket as of 06/07/2004 Docket retrieved from the court on Tuesday, June 15, 2004 US District Court for the District of Delaware 1:01cv425 Meyer, et al v. Tyson Foods Inc, et al Date Filed: 06/22/2001 Assigned To: Judge Sue L Robinson Referred To: Nature of suit: Securities (850) Cause: Securities Exchange Act Lead Docket: None Other Docket: None Jurisdiction: Federal Question Stuart L Meyer PLAINTIFF Litigants Class Code: LEAD Closed: No Statute: 15:78m(a) Jury Demand: Plaintiff Demand Amount: $0 Attorneys Pamela S Tikellis [Term: 09/02/2003] Chimicles & Tikellis, LLP One Rodney Square PO Box 1035 Wilmington, DE USA (302) Aetos Corporation PLAINTIFF John Leonard Reed Duane Morris LLP 1100 North Market Street Suite 1200 Wilmington, DE USA (302) Pelican Limited Partnership PLAINTIFF John Leonard Reed Duane Morris LLP 1100 North Market Street Suite 1200 Wilmington, DE 19801

2 USA (302) Stark Investments LP PLAINTIFF John Leonard Reed Duane Morris LLP 1100 North Market Street Suite 1200 Wilmington, DE USA (302) Shepherd Investments International Ltd PLAINTIFF John Leonard Reed Duane Morris LLP 1100 North Market Street Suite 1200 Wilmington, DE USA (302) v. Tyson Foods Inc DEFENDANT Anthony W Clark Skadden, Arps, Slate, Meagher & Flom One Rodney Square PO Box 636 Wilmington, DE USA (302) John Tyson DEFENDANT Anthony W Clark Skadden, Arps, Slate, Meagher & Flom One Rodney Square PO Box 636 Wilmington, DE USA (302) Les R Baledge DEFENDANT Anthony W Clark Skadden, Arps, Slate, Meagher & Flom One Rodney Square PO Box 636 Wilmington, DE 19899

3 USA (302) Don Tyson DEFENDANT Anthony W Clark Skadden, Arps, Slate, Meagher & Flom One Rodney Square PO Box 636 Wilmington, DE USA (302) Management Risk Trading LP DEFENDANT Craig B Smith [Term: 08/11/2003] Smith, Katzenstein, & Furlow The Corporate Plaza 800 Delaware Ave PO Box 410 Wilmington, DE USA (302) Date # Proceeding Text 06/22/ COMPLAINT filed; Mag consent notice to pltf. FILING FEE $ RECEIPT # (rc) 06/22/ DEMAND for jury trial by Stuart L. Meyer (rc) 06/22/ No summons issued. (rc) [Entry date 07/20/01] 06/27/ CASE assigned to Judge Sue L. Robinson. Notice to all parties. (gp) 07/19/ SUMMONS(ES) issued for Tyson Foods Inc., Les R. Baledge, Don Tyson all c/o The Corporation Trust Company copies to: cnsl. (rd) [Entry date 07/23/01] 07/20/ RETURN OF SERVICE executed as to Tyson Foods Inc. 7/19/01 Answer due on 8/8/01 for Tyson Foods Inc. (rd) [Entry date 07/23/01] 07/20/ RETURN OF SERVICE executed as to John Tyson 7/19/01 Answer due on 8/8/01 for John Tyson (rd) [Entry date 07/23/01] 07/20/ RETURN OF SERVICE executed as to Don Tyson 7/19/01 Answer due on 8/8/01 for Don Tyson (rd) [Entry date 07/23/01] 07/20/ RETURN OF SERVICE executed as to Les R. Baledge 7/19/01 Answer due on 8/8/01 for Les R. Baledge (rd) [Entry date 07/23/01] 08/21/ MOTION with Proposed Order to Consolidate all related actions, for appointment of lead plaintiffs, and for approval of selection of lead counsel FILED BY PLTFS. IN RELATED ACTIONS ( AND ) Aetos Corp., Pelican Limited Partnership, Stark Investments and Shepherd Investments International, Ltd.

4 (collectively "movants") Answer Brief due 9/4/01 re: [7-1] motion, Answer Brief due 9/4/01 re: [7-2] motion, Answer Brief due 9/4/01 re: [7-3] motion (rd) [Entry date 08/23/01] 08/21/ Opening Brief Filed [7-1] motion to Consolidate all related actions - Answer Brief due 9/4/01, [7-2] motion for appointment of lead plaintiffs, [7-3] motion for approval of selection of lead counsel filed by pltfs. in related cases and : Aetos Corp., Pelican Limited, Stark Investments, Shepherd Investments International. (rd) [Entry date 08/23/01] 09/13/ Letter to Judge Robinson from J. Reed re motion for consolidation of all related actions, appointment of lead pltfs., and approval of selection of lead cnsl. filed on 8/21/01; and enclosing proposed order. (rd) [Entry date 09/14/01] 09/13/ Proposed Order filed for [7-1] motion to Consolidate all related actions, [7-2] motion for appointment of lead plaintiffs, [7-3] motion for approval of selection of lead counsel; filed in eight Civil Actions: , 426, 462, 463, 489, 495, 496, and 565. (rd) [Entry date 09/14/01] [Edit date 09/20/01] 09/21/ So Ordered [10-1] proposed order to Consolidate Cases CA No to be named lead case; member cases are CA Nos ,462,463,489,495,496,& 565; appt. of Lead Pltfs. shall be Aetos Corp.; Pelican Limited Partnership; Stark Investments, L.P., and Shepherd Investments International, LTD.; and approval of lead pltfs.' cnsl. to be Abbey Gardy, LLP and Quarles & Brady LLP; lead local cnsl. for pltfs.' sahll be Duane Morris & Heckscher LLP for all pltfs. in the consolidated actions ( signed by Judge Sue L. Robinson ) Notice to all parties. (rd) [Entry date 09/25/01] [Edit date 10/22/01] 09/21/ Consolidated Lead Case; member cases are CA Nos ,462,463,489,495,496, & 565. (rd) [Entry date 09/25/01] 09/21/ So Ordered granting [7-1] motion to Consolidate all related actions, granting [7-2] motion for appointment of lead plaintiffs, granting [7-3] motion for approval of selection of lead counsel ( signed by Judge Sue L. Robinson ) Notice to all parties. PER COURT'S ORDER (DI #10). (rd) [Entry date 01/09/02] 12/04/ Consolidated Class Action COMPLAINT by Lead Pltfs. Aetos Corp., Pelican Limited partnership, Stark Investments, L.P., and Shepherd Investment International, Ltd. (Answer due 12/14/01 for Don Tyson, for Les R. Baledge, for John Tyson, for Tyson Foods Inc. ) amending [1-1] complaint (rd) [Entry date 12/13/01] 01/02/ STIPULATION re briefing schedule for any motion to dismiss with proposed order (rd) [Entry date 01/03/02] 01/04/ So Ordered granting [12-1] stipulation reset Answer deadline and opening brief to any motion to dismiss to 1/21/02 for Don Tyson, for Les R. Baledge, for John Tyson, for Tyson Foods Inc. pltfs.'s answering brief to any motion to dismiss is due 3/4/02; defts.' reply brief is due 3/25/02 ( signed by Judge Sue L. Robinson ) Notice to all parties. (rd) [Entry date 01/07/02] 01/22/ MOTION by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson to Dismiss Answer Brief due 2/5/02 re: [13-1] motion (rd) [Entry date 01/23/02] 01/22/ Declaration of Scott L. Adkins in support of DI #13 (rd) [Entry date 01/23/02] 01/22/ Compendium of Unreported Decisions to DI #13 Filed by Tyson Foods Inc., John

5 Tyson, Les R. Baledge, Don Tyson (rd) [Entry date 01/23/02] 03/04/ Answer Brief Filed by Stuart L. Meyer, Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments [13-1] motion to Dismiss - Reply Brief due 3/11/02 (rd) [Entry date 03/05/02] 03/27/ Reply Brief Filed by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson [13-1] motion to Dismiss (rd) [Entry date 04/02/02] 03/27/ Compendium of Unreported Decisions to support DI#17 Filed by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson Appending [17-1] reply brief (rd) [Entry date 04/02/02] 03/29/ REQUEST by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson for Oral Argument on Motion to Dismiss (rd) [Entry date 04/05/02] 04/11/ So Ordered granting [19-1] request for oral argument on DI#13 Motion Hearing set for 4:30 6/3/02 for [13-1] motion to Dismiss ( signed by Judge Sue L. Robinson ) Notice to all parties. (rd) 05/31/ MOTION by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments with Proposed Order for Michael H. Schaalman, and Cristina D. Hernandez-Malaby to Appear Pro Hac Vice (rd) 06/03/ So Ordered granting [20-1] motion for Michael H. Schaalman, and Cristina D. Hernandez-Malaby to Appear Pro Hac Vice ( signed by Judge Sue L. Robinson ) Notice to all parties. (rd) 06/03/ Motion hearing re: [13-1] motion to Dismiss Motion hearing held; Judge Robinson presiding; crt. rprt. V. Gunning. (rd) [Entry date 06/04/02] 06/07/ TRANSCRIPT filed [0-0] motion hearing for dates of 6/3/02; Judge Robinson presiding; crt. rptr. V. Gunning present. (rd) 07/29/ Letter to Judge Robinson from J. Reed enclosing a copy of the DE Supreme Court's recent decision involving the parties (ft) [Entry date 07/30/02] 09/16/ Letter to the Court from D. Leifer enclosing DI # 24 (ft) [Entry date 09/17/02] 09/16/ NOTICE of Change of Firm name by Pltf Management Risk Trading LP (pltf in the member case SLR); the firm of Wechsler Harwood Halebian & Feffer LLP has changed its name to Wechsler Harwood LLP (ft) [Entry date 09/18/02] 10/23/ MEMORANDUM ORDER granting in part, denying in part [13-1] motion to Dismiss; the court declines to grant dfts' motion to dismiss, as the court is not convinced that pltfs cannot demonstrate any set of facts that would entitle them to relief; see order for further details( signed by Judge Sue L. Robinson ) copies to: cnsl (ft) 11/15/ ORDER, set Tele-Scheduling Conference for 9:00 12/9/02 ( signed by Judge Sue L. Robinson ) copies to: cnsl. (rd) 12/06/ Letter to Judge Robinson from J. Reed re telephonic conf. scheduled for 9:00 a.m. on 12/9/02; enclosing the parties' joint discovery plan; parties appear to be in agreement with respect to all issues other than the limitation on depositions (ft) [Entry date 12/09/02] 12/06/ ANSWER to Consolidated Class Action Complaint by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson (Attorney ), (rd) [Entry date 12/09/02]

6 12/09/ Scheduling conference held via telecnf. with Judge Robinson presiding; no crt. rptr. present. (rd) 12/11/ CERTIFICATE OF SERVICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments re Lead Plaintiffs' 1st req for prod of docs to dfts (ft) [Entry date 12/12/02] 12/23/ CERTIFICATE OF SERVICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments re Automatic disclosures of Lead Plaintiffs (ft) 01/03/ MOTION by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson with Proposed Order for David Graham, Anne Rea, Michelle Woollen Ordway and Adam Oyebanji Esquires to Appear Pro Hac Vice (ft) 01/03/ So Ordered granting [31-1] motion for David Graham, Anne Rea, Michelle Woollen Ordway and Adam Oyebanji Esquires to Appear Pro Hac Vice ( signed by Judge Sue L. Robinson ) Notice to all parties. (rd) [Entry date 01/06/03] 01/07/ CERTIFICATE OF SERVICE by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson re dfts' 1st req for the prod of docs from the pltfs (ft) 01/07/ ORDER, set Scheduling Order Deadlines: joining of parties, amended pleadings on 1/31/03 Discovery deadline on 12/17/03 Deadline for filing dispositive motions by 1/15/04, answering briefs due 2/16/04, reply briefs due 3/1/04; Pretrial conference by 4:30 7/23/04; JURY Trial Date Deadline 9:30 8/11/04, set Motion Filing deadline to 6/25/04 for motions in limine; responses due 7/9/04, and matter referred to Mag. Judge Thynge for purposes of exploring settlement and managing discovery in this matter; see order for further details ( signed by Judge Sue L. Robinson ) copies to: cnsl. (rd) 01/09/ CERTIFICATE OF SERVICE by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson re initial disclosures (ft) 01/09/ ORDER, set Telephone Conference for 11:30 1/22/03 with Magistrate Judge Thynge; Pltfs' counsel shall initiate the call; counsel and the parties are required to review and be prepared to discuss the attachment to this Order during the teleconf. ( signed by Judge Mary P. Thynge ) copies to: cnsl (ft) [Entry date 01/10/03] 01/13/ CERTIFICATE OF SERVICE by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson re response to pltfs' 1st req for prod of docs (ft) 01/13/ Letter to Judge Robinson from A. Clark enclosing DI # 38 (ft) 01/13/ STIPULATION governing the production and exchange of confidential material; with proposed order (ft) 01/14/ So Ordered granting [38-1] stipulation and order governing the production and exchange of confidential material ( signed by Judge Sue L. Robinson ) Notice to all parties. (rd) 01/15/ NOTICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take deposition of Anthony W. Clark, Esq. on 1/29/03 (ft) 01/16/ Subpoena for Anthony W. Clark, Esq. (ft) [Entry date 01/17/03] 01/21/ Amended NOTICE by Stuart L. Meyer, Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take deposition of Anthony W. Clark, Esq. on 1/29/03 (rd)

7 01/23/ CERTIFICATE OF SERVICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments re supplement to automatic disclosures of Lead Pltfs (ft) [Entry date 01/24/03] 01/24/ ORDER, set Settlement Conference for 9:30 3/26/03 and 3/27/03 with Judge Thynge; on or before 3/14/03 each party shall submit to the Magistrate Judge ONLY the mediation conf. stmt. ( signed by Judge Mary P. Thynge ) copies to: cnsl (ft) 01/28/ MOTION by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson for Protective Order, and to Quash Subpoena Answer Brief due 2/11/03 re: [44-1] motion, Answer Brief due 2/11/03 re: [44-2] motion (ft) 01/28/ CERTIFICATE OF SERVICE by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson re dfts' objs and responses of Anthony W. Clark to Pltfs' Subpoena (ft) 01/28/ Letter to Clerk from A. Clark enclosing an original signed copy of the Declaration of Anthony W. Clark; requesting substitution of this document for the fax copy which was filed earlier today as Exhibit 8 to DI # 44 (ft) 01/30/ Letter to Judge Robinson from J. Reed enclosing DI # 48; as a result of a discovery dispute, which will be decided by Magistrate Judge Thynge, the parties have agreed to extend the deadline for the filing of motions to join parties or to amend the pleadings (ft) [Entry date 01/31/03] 01/30/ Proposed First Amended Scheduling Order filed (ft) [Entry date 01/31/03] 02/03/ Answer Brief Filed by Stuart L. Meyer, Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments [44-1] motion for Protective Order - Reply Brief due 2/10/03, [44-2] motion to Quash Subpoena - Reply Brief due 2/10/03 (rd) [Entry date 02/04/03] 02/03/ So Ordered [48-1] proposed order reset Scheduling Order Deadlines: joining of parties, amended pleadings on 3/3/03 ( signed by Judge Sue L. Robinson ) Notice to all parties. (rd) [Entry date 02/04/03] 02/06/ CERTIFICATE OF SERVICE by Stuart L. Meyer, Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments re Objections and resp. to 1st req. for prod. of doc. (rd) [Entry date 02/10/03] 02/10/ Reply Brief Filed by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson [44-1] motion for Protective Order, [44-2] motion to Quash Subpoena (rd) [Entry date 02/11/03] 02/11/ CERTIFICATE OF SERVICE by Stuart L. Meyer, Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments re 2nd req. for prod. of doc. (rd) [Entry date 02/13/03] 02/12/ ORDER that the transcript of the teleconference held 2/12/03 discussing the motion by pltfs. for Protective Order and to Quash Subpoena (D.I. 44, 49, and 51) shall serve as the order of the court. ( signed by Judge Mary P. Thynge ) copies to: cnsl. (rd) [Entry date 02/13/03] 02/12/ So Ordered by Mag. Judge Thynge during teleconference on 2/12/03 granting [44-1] motion for Protective Order, granting [44-2] motion to Quash Subpoena (SEE transcript D.I. 54 and court's order issued on 2/12/03 for complete details). (rd) [Entry date 08/08/03]

8 02/14/ TRANSCRIPT filed for dates of 12/12/03 telecnf. before Mag. Judge Thynge; Hawkins Crt. Rptr. (rd) [Entry date 02/19/03] 02/21/ Letter to Judge Robinson from J. Reed enclosing a proposed Second Amended Scheduling Order (DI # 56); due to illness of one of Lead Pltfs' cnsl, the parties have agreed to extend by 2 weeks all deadlines associated with the Motion for Class Certification (ft) 02/21/ Proposed Second Amended Scheduling Order filed by Stuart L. Meyer, Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson, Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments (ft) 02/24/ So Ordered [56-1] proposed order extending by two weeks the deadlines associated with the Motion for Class Certification; motion to be filed by 2/28/03; see DI #56 for further details ( signed by Judge Sue L. Robinson ) Notice to all parties. (rd) 02/26/ RE-NOTICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take video deposition of Anthony W. Clark, Esq. on 3/5/03 (ft) [Entry date 02/27/03] 02/26/ NOTICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take deposition of Leslie R. Baledge on 3/20/03 (ft) [Entry date 02/27/03] 02/26/ NOTICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take deposition of Richard Bond on 4/9/03 (ft) [Entry date 02/27/03] 02/27/ NOTICE by Stuart L. Meyer, Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take deposition of Roland Hlawaty, Esq. on 4/1/03 (rd) 02/27/ NOTICE by Stuart L. Meyer, Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take deposition of Laurence Lederman, Esq. on 4/2/03 (rd) 02/28/ MOTION by Stuart L. Meyer, Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments with Proposed Order to Certify Class Answer Brief due 3/14/03 re: [62-1] motion (rd) 02/28/ Opening Brief Filed by Stuart L. Meyer, Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments [62-1] motion to Certify Class (rd) 03/03/ Re-NOTICE by Stuart L. Meyer, Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take video deposition of Anthony W. Clark, Esq. on 3/14/03 (rd) [Entry date 03/04/03] 03/04/ CERTIFICATE OF SERVICE by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson re Supplemental Initial Disclosures (rd) 03/07/ Subpoena for Anthony W. Clark, Esq.; Wilmington, DE; served 3/6/03 at Skadden, Arps (ft) [Entry date 03/10/03] 03/10/ CERTIFICATE OF SERVICE by Tyson Foods Inc., John Tyson, Les R. Baledge re objs and responses to lead pltfs' 2nd req for prod of docs (ft) 03/14/ CERTIFICATE OF SERVICE by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson re objs and responses of Anthony W. Clark to Pltfs' subpoena (ft)

9 03/24/ CERTIFICATE OF SERVICE by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson re dfts' 2nd req. for prod. of docs. and 1st set of interrogs. (ft) [Entry date 03/25/03] 04/16/ NOTICE by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson to take deposition of Aetos Corporation on 4/30/03, Pelican Limited Partnership on 5/1/03, Stark Investments, L.P. 5/6/03; Shepherd Investments International, Ltd. 5/7/03 (ft) 04/16/ CERTIFICATE OF SERVICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments re 3rd request for prod of docs (ft) 04/24/ CERTIFICATE OF SERVICE by Aetos Corporation, Pelican Limited Corp re objs and responses to dfts' 1st set of interrogs (ft) 04/24/ CERTIFICATE OF SERVICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments re objs and responses to dfts' 2nd req for the prod of docs (ft) 04/24/ CERTIFICATE OF SERVICE by Stark Investments, Shepherd Investments re objs and responses to dfts' 1st set of interrogs (ft) 04/24/ CERTIFICATE OF SERVICE by Stark Investments, Shepherd Investments re objs and responses to dfts' 2nd req for the prod of docs (ft) 05/06/ REVISED NOTICE by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson to take deposition of Aetos Corp. on 5/7/03; Pelican Limited Partnership on 5/7/03; Stark Investments, L.P. on 5/15/03; and Shepherd Investments International, Ltd. on 5/15/03 (rd) [Entry date 05/09/03] 05/15/ CERTIFICATE OF SERVICE by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson re obj. and resp. to 3rd req. for prod. of doc. (rd) 05/28/ Letter to Judge Robinson from R. Saunders enclosing D.I. 79 (rd) [Entry date 05/30/03] 05/28/ Proposed Third Amended Scheduling Order filed by Stuart L. Meyer, Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson, Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments (rd) [Entry date 05/30/03] 06/02/ CERTIFICATE OF SERVICE by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson re defts' 2nd supplemental initial disclosures (ft) [Entry date 06/03/03] 06/02/ So Ordered [79-1] proposed order amending the scheduling a third time; re briefing scheduling for motion for class certification: answer brief of defts. due 6/12/03; reply brief due within two weeks of the service of defts.' opposition; merits discovery shall not be stayed pending class certification discovery; all other provisions of the scheduling order remain unchanged ( signed by Judge Sue L. Robinson ) Notice to all parties. (rd) [Entry date 06/03/03] 06/12/ Letter to Judge Robinson from R. Saunders re parties' agreement to extend the deadline for dfts' answering brief and extend by 2 weeks the deadline for pltfs' reply brief; enclosing Fourth Amended Scheduling Order reflecting the parties agreement (D.I. # 82) (ft) 06/12/ Proposed FOURTH AMENDED SCHEDULING Order filed by Stuart L. Meyer, Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson, Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments (ft)

10 06/13/ So Ordered [82-1] proposed order reset Answer Brief Deadline to 6/19/03 re: [62-1] motion to Certify Class, and reset Reply Brief Deadline to 7/17/03 re: [62-1] motion to Certify Class ( signed by Judge Sue L. Robinson ) Notice to all parties. (rd) 06/23/ Answer Brief Filed by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson [62-1] motion to Certify Class - Reply Brief due 7/17/03 (ft) [Entry date 06/24/03] 06/23/ SEALED Declaration of Michelle L. Davis in support of D.I. # 83 (ft) [Entry date 06/24/03] [Edit date 06/24/03] 06/23/ Letter to Judge Robinson from R. Saunders enclosing a courtesy copy of D.I. #s 83 and 84 (ft) [Entry date 06/24/03] 06/26/ PUBLIC VERSION of Declaration of Michelle L. Davis (D.I. # 84) in support of D.I. # 83 (ft) 07/01/ CERTIFICATE OF SERVICE by Stark Investments, Shepherd Investments re revised responses to dfts' 1st set of interrogs (ft) 07/01/ CERTIFICATE OF SERVICE by Stark Investments, Shepherd Investments re supplemental responses to dfts' 2nd req for the prod of docs from the pltfs (ft) 07/11/ MOTION by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments with Proposed Order to Compel Discovery Answer Brief due 7/25/03 re: [89-1] motion (ft) 07/11/ Memorandum of Law by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments [89-1] motion to Compel Discovery (ft) 07/11/ SEALED Compendium of Exhibits Filed by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to [90-1] Memorandum of Law (ft) 07/21/ STIPULATION governing reply brief on motion for class certification; with proposed order (ft) 07/22/ So Ordered granting [92-1] stipulation reset Reply Brief Deadline to 7/23/03 re: [62-1] motion to Certify Class ( signed by Judge Sue L. Robinson ) Notice to all parties. (rd) 07/23/ Reply Brief Filed by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments [62-1] motion to Certify Class (ft) [Entry date 07/24/03] 07/23/ SEALED Compendium of Exhibits Filed by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments Appending [93-1] reply brief (ft) [Entry date 07/24/03] 07/25/ Letter to Judge Robinson from R. Saunders re completed briefing on pltfs' motion for class certification; requests oral argument (ft) 07/25/ SEALED Answer Brief Filed by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson [89-1] motion to Compel Discovery - Reply Brief due 8/1/03 (ft) [Entry date 07/28/03] 07/25/ Compendium of Unreported Opinions Filed by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson to [96-1] answer brief (ft) [Entry date 07/28/03] 07/28/ Letter to Judge Thynge from R. Saunders enclosing a courtesy copy of Dfts' Response to Lead Pltfs' Motion to Compel Discovery and Compendium of Unreported Opinions (ft) [Entry date 07/29/03]

11 07/29/ Letter to Judge Robinson from J. Reed re oral argument on Motion for Class Certification; request deny dfts' request for oral argument (ft) 07/30/ PUBLIC VERSION OF Answer Brief Filed by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson [89-1] motion to Compel Discovery (rd) 07/31/ ORDER, Motion Hearing set for 8:00 9/22/03 for [62-1] motion to Certify Class ( signed by Judge Sue L. Robinson ) copies to: cnsl. (rd) 07/31/ Letter to Judge Robinson from R. Saunders responding to D.I. # 99 (J. Reed's 7/29/03 letter) (ft) [Entry date 08/01/03] 08/01/ Reply Brief Filed by Stuart L. Meyer, Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments [89-1] motion to Compel Discovery (rd) [Entry date 08/04/03] 08/01/ SEALED Compendium of Exhibits to Brief Filed by Stuart L. Meyer, Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments Appending [103-1] reply brief (rd) [Entry date 08/04/03] 08/05/ Letter to Judge Thynge from R.S. Saunders re briefing on pltfs' motion to compel discovery; request oral argument (ft) 08/05/ NOTICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take deposition of Larry Shipley on 8/14/03 (ft) 08/05/ NOTICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take deposition of Rosemary Goodier on 8/28/03 (ft) 08/05/ NOTICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take deposition of Carl Stickel on 9/5/03 (ft) 08/05/ NOTICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take deposition of Ken Shemin on 8/26/03 (ft) 08/05/ NOTICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take deposition of Steven Dargitz on 8/29/03 (ft) 08/05/ NOTICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take deposition of Scott Beechert on 9/4/03 (ft) 08/05/ NOTICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take deposition of Darryl Parson on 8/29/03 (ft) 08/05/ NOTICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take deposition of Seth Kaplan on 9/3/03 (ft) 08/05/ NOTICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take deposition of Greg Lee on 8/26/03 (ft) 08/05/ NOTICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take deposition of Steve Hankins on 8/27/03 (ft) 08/05/ NOTICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take deposition of Sheila Hagen on 8/15/03 (ft) 08/06/ MOTION by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson to Strike [93-1] reply brief re class certification Answer Brief due 8/20/03 re: [117-1] motion (rd) 08/07/ CERTIFICATE OF SERVICE by Tyson Foods Inc., John Tyson, Les R. Baledge, Don

12 Tyson re 2nd set of interrog. and 1st set of req. for admissions, and 3rd req. for prod. of doc. (rd) 08/13/ CERTIFICATE OF SERVICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments re 1st set of reqs for admissions (ft) [Entry date 08/14/03] 08/13/ CERTIFICATE OF SERVICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments re 1st set of interrogs (ft) [Entry date 08/14/03] 08/13/ MOTION by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments with Proposed Order for Steven J. Berry to Appear Pro Hac Vice (ft) [Entry date 08/14/03] 08/14/ So Ordered granting [121-1] motion for Steven J. Berry to Appear Pro Hac Vice ( signed by Judge Sue L. Robinson ) Notice to all parties. (ft) [Entry date 08/15/03] 08/20/ Answer Brief Filed by Stuart L. Meyer, Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments [117-1] motion to Strike [93-1] reply brief re class certification - Reply Brief due 8/27/03 (rd) [Entry date 08/21/03] 08/22/ MOTION by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson for Leave to File a surreply in further opposition to Lead Pltfs' Motion to Compel Discovery Answer Brief due 9/5/03 re: [123-1] motion (ft) [Entry date 08/25/03] 08/25/ Letter to Judge Thynge from J. Reed requesting a telephonic conference re the appropriateness of dfts' 2nd set of interrogs dated 8/6/03 (ft) [Entry date 08/29/03] 08/27/ Letter by defendant's re: response to pltf's 8/25/03 letter requesting a teleconfernece (kk) [Entry date 08/28/03] 08/27/ Letter to Judge Thynge from R. Saunders re D.I. # 125; agree it is desirable for court to address issue (ft) [Entry date 08/29/03] 08/28/ Letter to Clerk from R. Saunders requesting assistance in updating the Court's docket to reflect the service provisions contained in the Consolidation Order entered by the Court on 9/20/01; copy of the order is enclosed (ft) [Entry date 08/29/03] 08/28/ Reply Brief Filed by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson [117-1] motion to Strike [93-1] reply brief re class certification (ft) [Entry date 08/29/03] 09/04/ Answer Brief Filed by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments [123-1] motion for Leave to File a surreply in further opposition to Lead Pltfs' Motion to Compel Discovery - Reply Brief due 9/11/03 (ft) [Entry date 09/05/03] 09/08/ CERTIFICATE OF SERVICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments re objs and responses to dfts' 2nd set of interrogs (ft) 09/08/ CERTIFICATE OF SERVICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments re objs and responses to dfts' 1st set of reqs for admission (ft) 09/08/ CERTIFICATE OF SERVICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments re objs and responses to dfts' 3rd req for the prod of docs from the pltfs (ft) 09/16/ CERTIFICATE OF SERVICE by Tyson Foods Inc., John Tyson, Les R. Baledge, Don

13 Tyson, Management Risk re answers to Lead Pltf.'s 1st set of interrog. and resp. to 1st set of req. for admissions (rd) 09/22/ Motion hearing re: [62-1] motion to Certify Class Motion hearing held; Judge Robinson presiding; crt. rptr. V. Gunning. (rd) [Entry date 09/23/03] 09/24/ ORDER, set Telephone Conference for 10:00 10/2/03 ( signed by Judge Mary P. Thynge ) copies to: cnsl. (ft) [Entry date 09/25/03] 09/30/ TRANSCRIPT filed [0-0] motion hearing for dates of 9/22/03; Judge Robinson presiding; Court Rptr. V. Gunning (ft) [Entry date 10/01/03] 10/02/ ORDER mooting [125-1] letter, granting in part [89-1] motion to Compel Discovery (see order for further details) ( signed by Judge Mary P. Thynge ) copies to: cnsl (ft) 10/02/ Steno Notes for 10/2/03 teleconference; Judge Thynge presiding; Court Rptr. K. Maurer (ft) [Entry date 10/03/03] 10/02/ TRANSCRIPT filed for dates of 10/2/03 teleconference; Magistrate Judge Thynge presiding; Court Rtpr. K. Maurer (ft) [Entry date 10/03/03] 10/02/ Tele-conference held; Magistrate Judge Thynge presiding; Court Rptr. K. Maurer; re Motion to Compel Discovery (factual cut-off date); pltf's Motion is granted in part and denied in part (ft) [Entry date 10/06/03] 10/06/ MEMORANDUM OPINION ( signed by Judge Sue L. Robinson ) copies to: cnsl. (rd) 10/06/ ORDER granting [62-1] motion to Certify Class; Aetos Corp., Pelican Limited Partnership, Stark Investments, LP, and Shepherd Investments International, Ltd. are appointed as Class Representatives; Duane Morris LLP, Abbe Gardy LLP and Quarles & Brady LLP are appointed Class Counsel; class is defined as those who purchased IBP, Inc. securities on or before 3/29/01 and sold them during 3/30/01 to 6/15/01 inclusive and sustained damages as a result of such transactions; SEE Order for further details ( signed by Judge Sue L. Robinson ) copies to: cnsl. (rd) 10/06/ Mooting [117-1] motion to Strike [93-1] reply brief re class certification PER court's ruling on D.I. 62 (see D.I. 140) (rd) [Entry date 12/18/03] 10/16/ CERTIFICATE OF SERVICE by Stuart L. Meyer, Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments re Lead pltfs.' suppl. resp. to 2nd req. for prod. of doc. (rd) [Entry date 10/17/03] 11/14/ NOTICE by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson to take videotaped deposition of Gregg A. Jarrell on 11/20/03 (ft) [Entry date 11/17/03] [Edit date 11/17/03] 12/16/ NOTICE by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments to take video deposition of Steve Hankins on 12/18/03 (rd) [Entry date 12/17/03] 12/19/ Mooting [123-1] motion for Leave to File a surreply in further opposition to Lead Pltfs' Motion to Compel Discovery per court order signed by Judge Mary P. Thynge on 10/2/03, D.I. 136 (rd) 01/06/ NOTICE by Lead Plaintiffs to take deposition of Robert S. Saunders, Esq. on 1/8/04 (ft) [Entry date 01/07/04] [Edit date 01/07/04] 01/16/ NOTICE by Lead Plaintiffs to take deposition of Daniel R. Fischel on 1/29/04 (ft) [Entry

14 date 01/20/04] 01/16/ NOTICE to take deposition of John C. Coffee, Jr. on 1/30/04 (ft) [Entry date 01/20/04] 01/28/ NOTICE by Lead Plaintiffs to take deposition of John C. Coffee, Jr. on 2/13/04 (ft) 01/28/ NOTICE by Lead Plaintiffs to take deposition of Daniel R. Fischel on 2/12/04 (ft) 02/04/ CERTIFICATE OF SERVICE by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson re amended answers to Lead Pltfs' 1st set of interrogs (ft) [Edit date 02/04/04] 02/10/ Letter to Judge Robinson from J. Reed enclosing a proposed "Fifth Amended Scheduling Order" (ft) 02/10/ Fifth Amended Proposed Scheduling Order filed by Stuart L. Meyer, Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson, Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments, Management Risk (ft) 02/11/ So Ordered [151-1] proposed order reset Scheduling Order Deadlines: Discovery deadline on 3/19/04 Deadline for filing dispositive motions by 2/19/04, answering briefs due 3/22/04, replies due 4/5/04 each party shall be limited to filing only one summary jgm. motion without leave of the court( signed by Judge Sue L. Robinson ) Notice to all parties. (rd) 02/13/ Expedited MOTION by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments with Proposed Order to exceed page limitation re: [152-1] motion (rd) [Entry date 02/17/04] 02/13/ Letter to Judge Robinson from D. Folt enclosing copy of D.I (rd) [Entry date 02/17/04] 02/17/ Answer Brief Filed by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson, Management Risk [152-1] motion to exceed page limitation (rd) 02/17/ Reply Brief Filed by Aetos Corporation, Pelican Limited Corp, Stark Investments, Shepherd Investments [152-1] motion to exceed page limitation (rd) 02/18/ ORDER granting [152-1] motion to exceed page limitation; given the complexity of the case both pltf.'s opening brief and defts.' answering briefs re sum. jgm. motion may be 60 pages in length signed by Judge Sue L. Robinson ) copies to: cnsl. (rd) 02/19/ MOTION by Lead Plaintiffs for Summary Judgment on Liability Answer Brief due 3/22/04 re: [157-1] motion (ft) [Entry date 02/20/04] 02/19/ SEALED Opening Brief Filed by Lead Plaintiffs [157-1] motion for Summary Judgment on Liability (ft) [Entry date 02/20/04] 02/19/ SEALED AFFIDAVIT Of John L. Reed, Esq. in Support of [157-1] motion for Summary Judgment on Liability; VOLUME I of II (ft) [Entry date 02/20/04] 02/19/ SEALED AFFIDAVIT of John L. Reed, Esq. by Lead Plaintiffs in Support of [157-1] motion for Summary Judgment on Liability; VOLUME II of II (ft) [Entry date 02/20/04] 02/19/ MOTION by Tyson Foods Inc., Les R. Baledge with Proposed Order for Summary Judgment Answer Brief due 3/22/04 re: [161-1] motion (ft) [Entry date 02/20/04] 02/19/ Opening Brief Filed by Tyson Foods Inc., Les R. Baledge [161-1] motion for Summary Judgment (ft) [Entry date 02/20/04] 02/19/ MOTION by John Tyson, Don Tyson with Proposed Order for Summary Judgment

15 Answer Brief due 3/22/04 re: [163-1] motion (ft) [Entry date 02/20/04] 02/19/ Opening Brief Filed by John Tyson, Don Tyson [163-1] motion for Summary Judgment (ft) [Entry date 02/20/04] 02/19/ SEALED Declaration of Robert S. Saunders in Support of Dfts Tyson Foods, Inc. and Les R. Baledge's Motion for Sum. Jgm. and Defts Don Tyson and John Tyson's Motion for Sum. Jgm.; VOLUMES 1 and 2 (ft) [Entry date 02/20/04] 02/25/ Deadline updated; set Reply Brief Deadline to 4/5/04 re: [163-1] motion for Summary Judgment, 4/5/04 re: [161-1] motion for Summary Judgment, 4/5/04 re: [157-1] motion for Summary Judgment on Liability per D.I. 151 (rd) 02/26/ Letter to Judge Robinson from J. Reed re sum. jgm. filings; upon further review of sum. jgm. filings of last week, it has come to attention that certain citations to deposition testimony did not differentiate between deposition I and II; filed a corrected version of Lead Plaintiffs' Opening Brief as well as a public version of the brief; also filed a supplemental affidavit (ft) [Entry date 02/27/04] 02/26/ (CORRECTED VERSION) SEALED Opening Brief Filed by Lead Pltfs [157-1] motion for Summary Judgment on Liability (ft) [Entry date 02/27/04] [Edit date 02/27/04] 02/26/ PUBLIC VERSION (CORRECTED VERSION) Opening Brief Filed by Lead pltfs [157-1] motion for Summary Judgment on Liability (ft) [Entry date 02/27/04] 02/26/ SEALED Supplemental Transmittal AFFIDAVIT of John L. Reed, Esq. Re: [167-1] opening brief (ft) [Entry date 02/27/04] 03/22/ SEALED Consolidated Answer Brief Filed by Lead Plaintiffs [163-1] motion for Summary Judgment - Reply Brief due 4/5/04, [161-1] motion for Summary Judgment - Reply Brief due 4/5/04 (ft) [Entry date 03/23/04] [Edit date 03/23/04] 03/22/ SEALED Transmittal AFFIDAVIT of John L. Reed, Esq. in Support of [170-1] answer brief (ft) [Entry date 03/23/04] 03/22/ Answer Brief Filed by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson [157-1] motion for Summary Judgment on Liability - Reply Brief due 4/5/04 (ft) [Entry date 03/23/04] 03/22/ SEALED Declaration of Anthony W. Clark in Support of D.I. # 172; VOLUME 3 (Exhibits 63-89) (ft) [Entry date 03/23/04] 04/05/ Consolidated Reply Brief Filed by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson [163-1] motion for Summary Judgment, [161-1] motion for Summary Judgment (ft) [Entry date 04/06/04] 04/05/ SEALED Reply Brief Filed by Lead Plaintiffs [157-1] motion for Summary Judgment on Liability (ft) [Entry date 04/06/04] 04/05/ SEALED Transmittal AFFIDAVIT of John L. Reed, Esq. in support of [175-1] reply brief (ft) [Entry date 04/06/04] 04/06/ REQUEST by Lead Plaintiffs for Oral Argument on the Pending Cross-Motions for Summary Judgment (ft) [Entry date 04/07/04] 04/19/ ORDER, Motion Hearing [163-1] motion for Summary Judgment, set for 4:30 5/27/04 for [161-1] motion for Summary Judgment, [157-1] motion for Summary Judgment on Liability ( signed by Judge Sue L. Robinson ) copies to: cnsl. (rd)

16 04/21/ MOTION by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson for Leave to File Surreply in Opposition to Pltfs' Motion for Sum. Jgm. Answer Brief due 5/5/04 re: [179-1] motion (ft) 05/05/ ORDER, reset Pretrial Conference for 4:30 7/22/04 ( signed by Judge Sue L. Robinson ) copies to: cnsl. (rd) 05/05/ Answer Brief Filed by Lead Plaintiffs [179-1] motion for Leave to File Surreply in Opposition to Pltfs' Motion for Sum. Jgm. - Reply Brief due 5/12/04 (ft) [Entry date 05/06/04] 05/10/ Letter to Judge Robinson from J. Reed seeking the Court's approval to mail to all class members a "Notice of Pendency of Class Action" in the form enclosed and agreed to by the parties (ft) [Entry date 05/11/04] 05/12/ Reply Brief Filed by Tyson Foods Inc., John Tyson, Les R. Baledge, Don Tyson [179-1] motion for Leave to File Surreply in Opposition to Pltfs' Motion for Sum. Jgm. (ft) [Entry date 05/13/04] 05/14/ Letter to Judge Robinson from J. Reed enclosing a form of Order reflecting the Court's approval of the parties' proposed "Notice of Pendency of Class Action" (ft) 05/18/ ORDER approving Notice of Pendency of Class Action to be mailed to all class members (see D.I. 182 for ntc.) ( signed by Judge Sue L. Robinson ) copies to: cnsl. (rd) 05/25/ ORDER denying [179-1] motion for Leave to File Surreply in Opposition to Pltfs' Motion for Sum. Jgm.; defts. will have an opportunity at oral argument to address any issues raised in pltfs.' summary jgm. papers ( signed by Judge Sue L. Robinson ) copies to: cnsl. (rd) 05/27/ Oral Argument held; Judge Robinson presiding; Court Rptr. B. Gaffigan present (ft) [Entry date 06/01/04] 06/01/ Steno Notes for 5/27/04 Oral Argument; Judge Robinson presiding; Court Rptr. B. Gaffigan (ft) [Edit date 06/01/04] 06/07/ TRANSCRIPT filed [0-0] motion hearing for dates of 5/27/04; Judge Robinson presiding; Court Rptr. B. Gaffigan (ft)