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Teamsters Local 445 Freight Division Pension Fund_ et al. v. Dynex

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Teamsters Local 445 Freight Division Pension Fund_ et al. v. Dynex Powered By Docstoc
					US District Court Civil Docket as of 08/19/2008
Retrieved from the court on Monday, August 25, 2008

                               Docket updated on Aug. 25, 2008 16:13:31
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                                 U.S. District Court
 United States District Court for the Southern District of New York (Foley Square)
                CIVIL DOCKET FOR CASE #: 1:05-cv-01897-HB

    Teamsters Local 445 Freight Division Pension Fund et al v. Dynex Capital, Inc. et al
Date Filed:                  Feb. 07, 2005
Status:                      Open
Nature of suit:              850 Securities/Commodities
Demand:                      $10,000,000
Assigned to:                 Judge Harold Baer
Cause:                       15:78m(a) Securities Exchange Act
Jurisdiction:                Federal Question
Jury demand:                 Plaintiff




                                      Parties and Attorneys
Plaintiff                                                         Attorneys and Firms
Teamsters Local 445 Freight Division Pension Fund                 Christopher Lometti
on its own behalf                                                 Schoengold Sporn Laitman &
                                                                  Lometti, P.C.
                                                                  19 Fulton Street
                                                                  Suite 406
                                                                  New York, NY 10038
                                                                  (212) 964-0046
                                                                  Fax: (212) 267-8137
                                                                  chris@spornlaw.com
                                                                  LEAD ATTORNEY
                                                                  ATTORNEY TO BE NOTICED
                                                                  Joel Paul Laitman
                                                                  Schoengold Sporn Laitman &
                                                                  Lometti, P.C.
                                                                  19 Fulton Street
                                                                  Suite 406
                                                                  New York, NY 10038
                                                                  (212) 964-0046
                                                                  Fax: (212) 267-8137
                                                                  jplaitman@aol.com
                                                                  LEAD ATTORNEY
                                                                  ATTORNEY TO BE NOTICED
                                                                  Samuel P. Sporn
                                                    Schoengold, Sporn, Laitman &
                                                    Lometti, P.C.
                                                    19 Fulton Street
                                                    Suite 406
                                                    New York, NY 10038
                                                    (212) 964-0046
                                                    LEAD ATTORNEY
                                                    ATTORNEY TO BE NOTICED
                                                    Frank Rocco Schirripa
                                                    Schoengold Sporn Laitman &
                                                    Lometti, P.C.
                                                    19 Fulton Street
                                                    Suite 406
                                                    New York, NY 10038
                                                    (212) 964-0046
                                                    Fax: (212) 267-8137
                                                    frank@spornlaw.com
                                                    ATTORNEY TO BE NOTICED
Plaintiff                                           Attorneys and Firms
Teamsters Local 445 Freight Division Pension Fund   Christopher Lometti
on behalf of all others similarly situated          (See above for address)
                                                    LEAD ATTORNEY
                                                    ATTORNEY TO BE NOTICED
                                                    Frank Rocco Schirripa
                                                    (See above for address)
                                                    LEAD ATTORNEY
                                                    ATTORNEY TO BE NOTICED
                                                    Joel Paul Laitman
                                                    (See above for address)
                                                    LEAD ATTORNEY
                                                    ATTORNEY TO BE NOTICED
                                                    Samuel P. Sporn
                                                    Schoengold & Sporn, P.C.
                                                    19 Fulton Street
                                                    Suite 406
                                                    New York, NY 10038
                                                    (212) 964-0046
                                                    LEAD ATTORNEY
                                                    ATTORNEY TO BE NOTICED
Defendant                                           Attorneys and Firms
Dynex Capital, Inc.                                 Edward Joseph Fuhr
                                                    Hunton & Williams, L.L.P.
                                                    Riverfront Plaza, East Tower
                                                    951 E. Byrd Street
                                                    Richmond, VA 23219
                                                    (804) 788-8200
                                                    LEAD ATTORNEY
                                                    ATTORNEY TO BE NOTICED
                               Eric Harrison Feiler
                               Hunton & Williams, L.L.P.
                               Riverfront Plaza, East Tower
                               951 E. Byrd Street
                               Richmond, VA 23219
                               (804) 788-8200
                               LEAD ATTORNEY
                               ATTORNEY TO BE NOTICED
                               Joseph John Saltarelli
                               Hunton & Williams, LLP(NYC)
                               200 Park Avenue
                               52nd Floor
                               New York, NY 10166
                               (212) 309-1048
                               Fax: (212) 309-1100
                               jsaltarelli@hunton.com
                               LEAD ATTORNEY
                               ATTORNEY TO BE NOTICED
                               Monica Shelton Call
                               Hunton & WIlliams, L.L.P.
                               Riverfront Plaza, East Tower
                               951 E. Byrd Street
                               Richmond, VA 23219
                               LEAD ATTORNEY
                               ATTORNEY TO BE NOTICED
                               Terence James Rasmussen
                               951 East Byrd Street
                               Richmond, VA 23219
                               (804) 788-8632
                               Fax: (804) 788-8218
                               trasmussen@hunton.com
                               Hunton & Williams, LLP (Richmond
                               VA)
                               LEAD ATTORNEY
                               ATTORNEY TO BE NOTICED
Defendant                      Attorneys and Firms
Merit Securities Corporation   Edward Joseph Fuhr
                               (See above for address)
                               LEAD ATTORNEY
                               ATTORNEY TO BE NOTICED
                               Eric Harrison Feiler
                               (See above for address)
                               LEAD ATTORNEY
                               ATTORNEY TO BE NOTICED
                               Joseph John Saltarelli
                               (See above for address)
                               LEAD ATTORNEY
                               ATTORNEY TO BE NOTICED
                               Monica Shelton Call
                       (See above for address)
                       LEAD ATTORNEY
                       ATTORNEY TO BE NOTICED
                       Terence James Rasmussen
                       (See above for address)
                       LEAD ATTORNEY
                       ATTORNEY TO BE NOTICED
Defendant              Attorneys and Firms
Stephen J. Benedetti   Edward Joseph Fuhr
                       (See above for address)
                       LEAD ATTORNEY
                       ATTORNEY TO BE NOTICED
                       Eric Harrison Feiler
                       (See above for address)
                       LEAD ATTORNEY
                       ATTORNEY TO BE NOTICED
                       Joseph John Saltarelli
                       (See above for address)
                       LEAD ATTORNEY
                       ATTORNEY TO BE NOTICED
                       Monica Shelton Call
                       (See above for address)
                       LEAD ATTORNEY
                       ATTORNEY TO BE NOTICED
                       Terence James Rasmussen
                       (See above for address)
                       LEAD ATTORNEY
                       ATTORNEY TO BE NOTICED
Defendant              Attorneys and Firms
Thomas H. Potts        Edward Joseph Fuhr
                       (See above for address)
                       LEAD ATTORNEY
                       ATTORNEY TO BE NOTICED
                       Eric Harrison Feiler
                       (See above for address)
                       LEAD ATTORNEY
                       ATTORNEY TO BE NOTICED
                       Joseph John Saltarelli
                       (See above for address)
                       LEAD ATTORNEY
                       ATTORNEY TO BE NOTICED
                       Monica Shelton Call
                       (See above for address)
                       LEAD ATTORNEY
                       ATTORNEY TO BE NOTICED
                       Terence James Rasmussen
                       (See above for address)
                       LEAD ATTORNEY
                                                                     ATTORNEY TO BE NOTICED
Defendant                                                            Attorneys and Firms
Lehman Brothers, Inc.                                                James E. Brandt
TERMINATED: 07/21/2005                                               Latham & Watkins LLP
                                                                     885 Third Avenue, Suite 1000
                                                                     New York, NY 10022
                                                                     (212) 906-1278
                                                                     Fax: (212) 751-4864
                                                                     james.brandt@lw.com
                                                                     LEAD ATTORNEY
                                                                     ATTORNEY TO BE NOTICED
                                                                     Jeff G. Hammel
                                                                     Latham and Watkins (NY)
                                                                     885 Third Avenue
                                                                     New York, NY 10022
                                                                     (212) 906-1200
                                                                     Fax: (212) 751-4864
                                                                     jeff.hammel@lw.com
                                                                     ATTORNEY TO BE NOTICED
Defendant                                                            Attorneys and Firms
Greenwich Capital Markets, Inc.                                      James E. Brandt
TERMINATED: 07/21/2005                                               (See above for address)
                                                                     LEAD ATTORNEY
                                                                     ATTORNEY TO BE NOTICED
                                                                     Jeff G. Hammel
                                                                     (See above for address)
                                                                     ATTORNEY TO BE NOTICED
                             Docket ProceedingsReverse Proceedings
Req #   Filed            #    Docket Text
1       Feb. 07, 2005   1     COMPLAINT against Lehman Brothers, Inc., Greenwich Capital Markets,
                              Inc., Dynex Capital, Inc., Merit Securities Corporation, Stephen J.
                              Benedetti, Thomas H. Potts. (Filing Fee $ 250.00, Receipt Number
                              533855)Document filed by Teamsters Local 445 Freight Division Pension
                              Fund, Teamsters Local 445 Freight Division Pension Fund.(jbe, )
                              Additional attachment(s) added on 2/9/2005 (gf, ). (Entered: 02/08/2005)
2       Feb. 07, 2005         Case Designated ECF. (jbe, ) (Entered: 02/08/2005)
3       Feb. 07, 2005         Magistrate Judge Douglas F. Eaton is so designated. (jbe, ) (Entered:
                              02/08/2005)
4       Feb. 07, 2005         SUMMONS ISSUED as to Lehman Brothers, Inc., Greenwich Capital
                              Markets, Inc., Dynex Capital, Inc., Merit Securities Corporation, Stephen J.
                              Benedetti, Thomas H. Potts. (jbe, ) (Entered: 02/08/2005)
5       Feb. 17, 2005   2     LETTER addressed to Samuel P. Sporn from Lisha Brown, secretary to
                              Judge Harold Baer dated 2/17/05 re: there will be a pretrial conference in
                              this case at 3:40 p.m. on 4/21/05 in suite 2230. (dle, ) (Entered:
                              02/28/2005)
6       Mar. 23, 2005   3     STIPULATION AND ORDER; Lehman and Greenwich Capital need not
                              answer, move against or respond to the the complaints until after one or
                              more plaintiffs files a motion seeking to be appointed lead plaintiff, and the
Req #   Filed           #    Docket Text
                             court decides that motion. In the event that a lead plaintiff is appointed,
                             subj. to any scheduling Order by the Court, the parties shall agree to a
                             schedule for the filing of an amended complaint if any, as well as a
                             schedule by which Defendants shsll answer, move against or otherwise
                             respond to the operative complaint or amended complaint all of which will
                             be resolved at the PTC on 4/28/05 at 3:40 p.m. (Signed by Judge Harold
                             Baer on 3/23/05) (djc, ) (Entered: 03/25/2005)
7       Mar. 23, 2005        Set Deadlines/Hearings: Pretrial Conference set for 4/28/2005 03:40 PM
                             before Judge Harold Baer. (djc, ) (Entered: 03/25/2005)
8       Apr. 04, 2005   4    NOTICE of Appearance by Joseph John Saltarelli on behalf of Dynex
                             Capital, Inc., Merit Securities Corporation, Stephen J. Benedetti, Thomas
                             H. Potts (Saltarelli, Joseph) (Entered: 04/04/2005)
9       Apr. 04, 2005   5    RULE 7.1 DISCLOSURE STATEMENT. Document filed by Dynex
                             Capital, Inc., Merit Securities Corporation, Stephen J. Benedetti, Thomas
                             H. Potts.(Saltarelli, Joseph) (Entered: 04/04/2005)
10      Apr. 08, 2005   6    MOTION to Appoint Teansters Local 445 Freight Division Pension Fund
                             to serve as lead plaintiff(s) ; to Approve Teamsters 445's selection for lead
                             counsel; and to conslidate any subsequently filed cases. Document filed by
                             Teamsters Local 445 Freight Division Pension Fund. (Schirripa, Frank)
                             (Entered: 04/08/2005)
11      Apr. 08, 2005   7    MEMORANDUM OF LAW in Support re: 6 MOTION to Appoint
                             Teansters Local 445 Freight Division Pension Fund to serve as lead
                             plaintiff(s) ; to Approve Teamsters 445's selection for lead counsel; and to
                             conslidate any subsequently filed cases.. Document filed by Teamsters
                             Local 445 Freight Division Pension Fund. (Schirripa, Frank) (Entered:
                             04/08/2005)
12      Apr. 08, 2005   8    DECLARATION of Frank R. Schirripa in Support re: 6 MOTION to
                             Appoint Teansters Local 445 Freight Division Pension Fund to serve as
                             lead plaintiff(s) ; to Approve Teamsters 445's selection for lead counsel;
                             and to conslidate any subsequently filed cases.. Document filed by
                             Teamsters Local 445 Freight Division Pension Fund. (Attachments: # 1
                             Exhibit Copy of First Published Notice of Class Action# 2 Exhibit
                             Teamsters 445's Certification of Securities Class Action Complaint# 3
                             Exhibit Teamsters 445's Financial Interest# 4 Exhibit SSL&L Firm
                             Biography)(Schirripa, Frank) (Entered: 04/08/2005)
13      Apr. 11, 2005   9    STIPULATION: re defts not having to answer the complaint until after one
                             or more plntfs files a motion to be appointed lead plntf, and the Court
                             decides that motion etc: I expect at the PTC on 4/2 #2 will be resolved and
                             I will set dates with respect to #1, as further set forth in this document.
                             (Signed by Judge Harold Baer on 4/11/05) (cd, ) (Entered: 04/12/2005)
14      Apr. 19, 2005   10   MOTION (FILED ON SERVICE DATE) for Edward J. Fuhr, Esq., Eric H.
                             Feiler, Esq., Terence J. Rasmussen, Esq. and Monica S. Call, Esq. to
                             Appear Pro Hac Vice. Document filed by Dynex Capital, Inc., Merit
                             Securities Corporation, Stephen J. Benedetti, Thomas H. Potts. (sac, )
                             (Entered: 04/22/2005)
15      Apr. 28, 2005   11   SCHEDULING ORDER: parties do not consent to proceed before a United
                             States Magistrate Judge for all purposes pursuant to 28 USC 636(c) and
                             FRCP 73. Pretrial Conference set for 5/3/2005 02:30 PM before Judge
                             Harold Baer. All other deadlines are as further set forth in said Order.
Req #   Filed           #    Docket Text
                             (Signed by Judge Harold Baer on 4/28/05) (db, ) (Entered: 04/29/2005)
16      Apr. 29, 2005   14   ORDER granting 10 Motion for Edward Joseph Fuhr, Eric Harrison Feiler,
                             Terence James Rasmussen, Monica Shelton Call to Appear Pro Hac Vice .
                             (Signed by Judge Harold Baer on 4/28/2005) (jp, ) (Entered: 05/03/2005)
17      May 03, 2005    12   NOTICE of Appearance by James E. Brandt on behalf of Lehman
                             Brothers, Inc., Greenwich Capital Markets, Inc. (Brandt, James) (Entered:
                             05/03/2005)
18      May 03, 2005    13   AFFIDAVIT OF SERVICE of Order Granting Defendants' Motion for
                             Admission Pro Hac Vice served on Counsel of Record on April 29, 2005.
                             Service was made by MAIL. Document filed by Dynex Capital, Inc., Merit
                             Securities Corporation, Stephen J. Benedetti, Thomas H. Potts. (Saltarelli,
                             Joseph) (Entered: 05/03/2005)
19      May 04, 2005         CASHIERS OFFICE REMARK on 14 Order on Motion to Appear Pro Hac
                             Vice in the amount of $100.00, paid on 5/2/05, Receipt Number 542152.
                             (gm, ) (Entered: 05/04/2005)
20      May 04, 2005    15   PRETRIAL ORDER No. 1; The docket in Civil Action No. 05 cv 1897
                             shall constitute a Master Docket for the captioned action and any other
                             actions hereafter filed in or transferred to this district and consolidated with
                             Civil Action 05 cv 1897. My 4/28 PTSO is incorporated herein by
                             reference and made a part of this order. Every document filed in the Master
                             File shall bear the caption: In re Dynex Capital, Inc. Securities Litigation....
                             (Signed by Judge Harold Baer on 5/4/05) (djc, ) (Entered: 05/09/2005)
21      May 10, 2005    16   NOTICE of Appearance by Jeff G. Hammel on behalf of Lehman Brothers,
                             Inc., Greenwich Capital Markets, Inc. (Hammel, Jeff) (Entered:
                             05/10/2005)
22      May 31, 2005    17   AMENDED CLASS ACTION COMPLAINT amending 1 Complaint,
                             against Lehman Brothers, Inc., Greenwich Capital Markets, Inc., Dynex
                             Capital, Inc., Merit Securities Corporation, Stephen J. Benedetti, Thomas
                             H. Potts.Document filed by Teamsters Local 445 Freight Division Pension
                             Fund(on its own behalf), Teamsters Local 445 Freight Division Pension
                             Fund(on behalf of all others similarly situated). Related document: 1
                             Complaint, filed by Teamsters Local 445 Freight Division Pension
                             Fund,.(djc, ) (Entered: 06/03/2005)
23      Jun. 01, 2005   18   AMENDED CLASS ACTION COMPLAINT amending 1 Complaint,
                             against Lehman Brothers, Inc., Greenwich Capital Markets, Inc., Dynex
                             Capital, Inc., Merit Securities Corporation, Stephen J. Benedetti, Thomas
                             H. Potts.Document filed by Teamsters Local 445 Freight Division Pension
                             Fund(on its own behalf), Teamsters Local 445 Freight Division Pension
                             Fund(on behalf of all others similarly situated). Related document: 1
                             Complaint, filed by Teamsters Local 445 Freight Division Pension
                             Fund,.(yv, ) (Entered: 06/08/2005)
24      Jun. 01, 2005        Set Answer Due Date purs. to 18 Amended Complaint, as to Lehman
                             Brothers, Inc. answer due on 6/15/2005; Greenwich Capital Markets, Inc.
                             answer due on 6/15/2005; Dynex Capital, Inc. answer due on 6/15/2005;
                             Merit Securities Corporation answer due on 6/15/2005; Stephen J.
                             Benedetti answer due on 6/15/2005; Thomas H. Potts answer due on
                             6/15/2005. (yv, ) (Entered: 06/08/2005)
25      Jun. 06, 2005   19   AMENDED CLASS ACTION COMPLAINT amending 1 Complaint,
                             against Lehman Brothers, Inc., Greenwich Capital Markets, Inc., Dynex
Req #   Filed           #    Docket Text
                             Capital, Inc., Merit Securities Corporation, Stephen J. Benedetti, Thomas
                             H. Potts.Document filed by Teamsters Local 445 Freight Division Pension
                             Fund(on its own behalf), Teamsters Local 445 Freight Division Pension
                             Fund(on behalf of all others similarly situated). Related document: 1
                             Complaint, filed by Teamsters Local 445 Freight Division Pension
                             Fund,.(yv, ) (Entered: 06/13/2005)
26      Jun. 06, 2005        Set Answer Due Date purs. to 19 Amended Complaint, as to Lehman
                             Brothers, Inc. answer due on 6/20/1955; Greenwich Capital Markets, Inc.
                             answer due on 6/20/2005; Dynex Capital, Inc. answer due on 6/20/2005;
                             Merit Securities Corporation answer due on 6/20/2005; Stephen J.
                             Benedetti answer due on 6/20/2005; Thomas H. Potts answer due on
                             6/20/2005. (yv, ) (Entered: 06/13/2005)
27      Jun. 30, 2005   20   ENDORSED LETTER addressed to Judge Harold Baer from Edward Fuhr
                             dated 6/27/05 re: counsel for dfts request the court's permission to submit
                             up to a 45 page memorandum of law in support of dfts' motion to dismiss
                             the amended complaint in this action. Denied. (Signed by Judge Harold
                             Baer on 6/30/05) (dle, ) (Entered: 07/01/2005)
28      Jul. 15, 2005   21   MOTION to Dismiss (Notice of Motion to Dismiss). Document filed by
                             Dynex Capital, Inc., Merit Securities Corporation, Stephen J. Benedetti,
                             Thomas H. Potts. (Saltarelli, Joseph) (Entered: 07/15/2005)
29      Jul. 15, 2005   22   MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss
                             (Notice of Motion to Dismiss).. Document filed by Dynex Capital, Inc.,
                             Merit Securities Corporation, Stephen J. Benedetti, Thomas H. Potts.
                             (Saltarelli, Joseph) (Entered: 07/15/2005)
30      Jul. 15, 2005   23   DECLARATION of Joseph J. Saltarelli in Support re: 21 MOTION to
                             Dismiss (Notice of Motion to Dismiss).. Document filed by Dynex Capital,
                             Inc., Merit Securities Corporation, Stephen J. Benedetti, Thomas H. Potts.
                             (Attachments: # 1 Exhibit Exhibit One# 2 Exhibit Exhibit 2 - Part 1# 3
                             Exhibit exhibit 2 - part 2# 4 Exhibit exhibit 2 - part 3# 5 Exhibit exhibit 3 -
                             part 1# 6 Exhibit exhibit 3 - part 2# 7 Exhibit exhibit 4# 8 Exhibit exhibit
                             5# 9 Exhibit exhibit 6# 10 Exhibit exhibit 7# 11 Exhibit exhibit 8# 12
                             Exhibit exhibit 9# 13 Errata exhibit 10# 14 Exhibit exhibit 11 - part 1# 15
                             Exhibit exhibit 11 - part 2# 16 Exhibit exhibit 12# 17 Exhibit exhibit 13#
                             18 Exhibit exhibit 14# 19 Exhibit exhibit 15# 20 Exhibit exhibit 16# 21
                             Exhibit exhibit 17# 22 Exhibit exhibit 18# 23 Exhibit exhibit 19# 24 Errata
                             exhibit 20 - part 1# 25 Exhibit exhibit 20 - part 2# 26 Exhibit exhibit 20 -
                             part 3# 27 Errata exhibt 20 - part 4# 28 Exhibit exhibit 21# 29 Exhibit
                             exhibit 22# 30 Exhibit exhibit 23# 31 Exhibit exhibit 24# 32 Exhibit
                             exhibit 25# 33 Exhibit exhibit 26# 34 Exhibit exhibit 27# 35 Exhibit
                             exhibit 28# 36 Exhibit exhibit 29# 37 Exhibit exhibit 30)(Saltarelli, Joseph)
                             (Entered: 07/15/2005)
31      Jul. 21, 2005   24   STIPULATION AND ORDER OF DISMISSAL: this action is dismissed
                             without prejudice, without costs as to the Underwriter defendant Lehman
                             Brothers Inc. and Greenwich Capital Markets, Inc. (Signed by Judge
                             Harold Baer on 7/13/05) (db, ) (Entered: 07/22/2005)
32      Aug. 15, 2005   25   MEMORANDUM OF LAW in Opposition re: 21 MOTION to Dismiss
                             (Notice of Motion to Dismiss).. Document filed by Teamsters Local 445
                             Freight Division Pension Fund(on its own behalf). (Schirripa, Frank)
                             (Entered: 08/15/2005)
Req #   Filed            #   Docket Text
33      Aug. 15, 2005   26   MEMORANDUM OF LAW in Opposition re: 21 MOTION to Dismiss
                             (Notice of Motion to Dismiss).. Document filed by Teamsters Local 445
                             Freight Division Pension Fund(on behalf of all others similarly situated).
                             (Schirripa, Frank) (Entered: 08/15/2005)
34      Aug. 30, 2005   27   REPLY MEMORANDUM OF LAW in Support re: 21 MOTION to
                             Dismiss (Notice of Motion to Dismiss).. Document filed by Dynex Capital,
                             Inc., Merit Securities Corporation, Stephen J. Benedetti, Thomas H. Potts.
                             (Rasmussen, Terence) (Entered: 08/30/2005)
35      Aug. 30, 2005   28   DECLARATION of Terence J. Rasmussen in Support re: 21 MOTION to
                             Dismiss (Notice of Motion to Dismiss).. Document filed by Dynex Capital,
                             Inc., Merit Securities Corporation, Stephen J. Benedetti, Thomas H. Potts.
                             (Attachments: # 1 Exhibit 31# 2 Exhibit 32# 3 Exhibit 33# 4 Exhibit 34# 5
                             Exhibit 35# 6 Exhibit 36# 7 Exhibit 37# 8 Exhibit 38# 9 Exhibit 39# 10
                             Exhibit 40# 11 Exhibit 41# 12 Exhibit 42# 13 Exhibit 43# 14 Exhibit 44#
                             15 Exhibit 45# 16 Exhibit 46# 17 Exhibit 47# 18 Exhibit 48# 19 Exhibit
                             49# 20 Exhibit 50# 21 Exhibit 51# 22 Exhibit 52# 23 Exhibit 53# 24
                             Exhibit 54# 25 Exhibit 55# 26 Exhibit 56 - part A# 27 Exhibit 56 - part
                             B)(Rasmussen, Terence) (Entered: 08/30/2005)
36      Nov. 08, 2005        Minute Entry for proceedings held before Judge Harold Baer : Oral
                             Argument held on 11/8/2005 re: 21 MOTION to Dismiss (Notice of
                             Motion to Dismiss) filed by Dynex Capital, Inc., Merit Securities
                             Corporation, Stephen J. Benedetti,, Thomas H. Potts. Decision: Reserved.
                             (sac, ) (Entered: 11/09/2005)
37      Feb. 10, 2006   29   OPINION AND ORDER,92730 the motion to dismiss is GRANTED with
                             respect to the individual defedants, with leave to replead within 30 days of
                             the date of this Order. The motion to dismiss the corporate defednants is
                             DENIED. The Clerk of the Court is hereby directed to close this motion
                             and remove it from the docket. (Signed by Judge Harold Baer on
                             2/10/2006) (jmi, ) Modified on 2/15/2006 (ew, ). (Entered: 02/14/2006)
38      Feb. 10, 2006        Transmission to Judgments and Orders Clerk. Transmitted re: 29
                             Memorandum & Opinion,, to the Judgments and Orders Clerk. (jmi, )
                             (Entered: 02/14/2006)
39      Feb. 24, 2006   30   MOTION for Reconsideration re; 29 Memorandum & Opinion,. Document
                             filed by Dynex Capital, Inc., Merit Securities Corporation. (Rasmussen,
                             Terence) (Entered: 02/24/2006)
40      Feb. 24, 2006   31   FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM
                             MENU - MOTION for Reconsideration re; 29 Memorandum & Opinion,
                             (Memorandum of Law in Support). Document filed by Dynex Capital, Inc.,
                             Merit Securities Corporation. (Rasmussen, Terence) Modified on
                             2/28/2006 (kg, ). (Entered: 02/24/2006)
41      Feb. 24, 2006   32   FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM
                             MENU - MOTION for Reconsideration re; 29 Memorandum & Opinion,
                             (Declaration in Support). Document filed by Dynex Capital, Inc., Merit
                             Securities Corporation. (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)(Rasmussen, Terence) Modified on 2/28/2006 (kg). (Entered:
                             02/24/2006)
42      Feb. 28, 2006        ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT
Req #   Filed           #    Docket Text
                             TYPE ERROR. Note to Attorney Terence Rasmussen to RE-FILE
                             Document 31 MOTION for Reconsideration re; 29 Memorandum &
                             Opinion, Memorandum of Law in Support.. Use the document type
                             Memorandum of Law in support of motion found under the document list
                             Responses and Replies. (kg, ) (Entered: 02/28/2006)
43      Feb. 28, 2006        ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT
                             TYPE ERROR. Note to Attorney Terence Rasmussen to RE-FILE
                             Document 32 MOTION for Reconsideration re; 29 Memorandum &
                             Opinion, Declaration in Support.. Use the document type Declaration in
                             support of motion found under the document list Responses and Replies.
                             (kg) (Entered: 02/28/2006)
44      Feb. 28, 2006   33   MEMORANDUM OF LAW in Support re: 30 MOTION for
                             Reconsideration re; 29 Memorandum & Opinion,.. Document filed by
                             Dynex Capital, Inc., Merit Securities Corporation. (Rasmussen, Terence)
                             (Entered: 02/28/2006)
45      Feb. 28, 2006   34   DECLARATION of Terence J. Rasmussen in Support re: 30 MOTION for
                             Reconsideration re; 29 Memorandum & Opinion,.. Document filed by
                             Dynex Capital, Inc., Merit Securities Corporation. (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)(Rasmussen, Terence) (Entered: 02/28/2006)
46      Mar. 13, 2006   35   MEMORANDUM OF LAW in Opposition re: 30 MOTION for
                             Reconsideration re; 29 Memorandum & Opinion,.. Document filed by
                             Teamsters Local 445 Freight Division Pension Fund(on its own behalf).
                             (Schirripa, Frank) (Entered: 03/13/2006)
47      Mar. 14, 2006   36   STIPULATION EXTENDING TIME TO ANSWER: The parties agree
                             and stipulate that defendants shall have an additional 30 days, up to and
                             including 4/12/2006, to answer the amended complaint. (Signed by Judge
                             Lewis A. Kaplan Part One on 3/10/2006) (lb, ) (Entered: 03/14/2006)
48      Mar. 14, 2006        Set Answer Due Date purs. to 36 Stipulation and Order as to Dynex
                             Capital, Inc. answer due on 4/12/2006; Merit Securities Corporation
                             answer due on 4/12/2006; Stephen J. Benedetti answer due on 4/12/2006;
                             Thomas H. Potts answer due on 4/12/2006. (lb, ) (Entered: 03/14/2006)
49      Mar. 22, 2006   37   REPLY MEMORANDUM OF LAW in Support re: 30 MOTION for
                             Reconsideration re; 29 Memorandum & Opinion,.. Document filed by
                             Dynex Capital, Inc., Merit Securities Corporation. (Rasmussen, Terence)
                             (Entered: 03/22/2006)
50      Mar. 22, 2006   38   DECLARATION of Terence J. Rasmussen in Support re: 30 MOTION for
                             Reconsideration re; 29 Memorandum & Opinion,.. Document filed by
                             Dynex Capital, Inc., Merit Securities Corporation. (Attachments: # 1
                             Exhibit 14)(Rasmussen, Terence) (Entered: 03/22/2006)
51      Apr. 12, 2006   39   ANSWER to Amended Complaint. Document filed by Dynex Capital, Inc.,
                             Merit Securities Corporation. Related document: 17 Amended Complaint,
                             filed by Teamsters Local 445 Freight Division Pension Fund,.(Rasmussen,
                             Terence) (Entered: 04/12/2006)
52      Jun. 02, 2006   40   OPINION AND ORDER #93198: for reasons further set forth in said
                             Order, Dynex's 30 Motion for Reconsideration is DENIED. (Signed by
                             Judge Harold Baer on 6/2/06) (db, ) Modified on 6/7/2006 (dle, ). (Entered:
                             06/02/2006)
Req #   Filed            #   Docket Text
53      Sep. 18, 2006   41   ORDER of USCA (Certified Copy) USCA Case Number 06-2902-mv.
                             Petitioners seek permission to apppeal, pursuant to 28 U.S.C. 1292 (b), an
                             interlocutory order of the district court, denying their motion to dismiss.
                             Upon due consideration, it is ORDERED that the petition is GRANTED. A
                             scheduling order shall issue forthwith. Roseann B. MacKechnie, Clerk
                             USCA. Certified: 9/14/2006. (nd, ) (Entered: 09/18/2006)
54      Sep. 20, 2006        USCA Appeal Fees received $455.00 receipt number E 591344 on 9/20/06
                             re: 41 Order filed by Petitioners. Document filed by Dynex Capital, Inc.,
                             Merit Securities Corporation. (tp, ) (Entered: 09/21/2006)
55      Nov. 01, 2006   42   Non-Appeal Record Sent to USCA (Index). Notice that the Original index
                             to the record on Non-Appeal USCA Case Number 06-2902-cv, 3 Copies of
                             the index, Certified Clerk Certificate and Certified Docket Sheet were
                             transmitted to the U.S. Court of Appeals. (nd, ) (Entered: 11/01/2006)
56      Aug. 06, 2008   43   SECOND AMENDED COMPLAINT amending 19 Amended Complaint,
                             against Dynex Capital, Inc., Merit Securities Corporation, Stephen J.
                             Benedetti, Thomas H. Potts.Document filed by Teamsters Local 445
                             Freight Division Pension Fund(on its own behalf), Teamsters Local 445
                             Freight Division Pension Fund(on behalf of all others similarly situated).
                             Related document: 19 Amended Complaint, filed by Teamsters Local 445
                             Freight Division Pension Fund.(dle) (Additional attachment(s) added on
                             8/12/2008: # 1 A.C. part 2) (dle). (Entered: 08/07/2008)
57      Aug. 19, 2008   44   STIPULATED SCHEDULING ORDER Defendants shall file any motion
                             to dismiss the complaint no later than September 11, 2008; Plaintiffs shall
                             file any brief in opposition to a motion to dismiss no later than October 16,
                             2008; Defendants shall file any reply in further support of a motion to
                             dismiss no later than November 5, 2008. ( Motions due by 9/11/2008.,
                             Replies due by 11/5/2008., Responses due by 10/16/2008) (Signed by
                             Judge Harold Baer on 8/19/08) (mme) (Entered: 08/19/2008)