Case 0:06-cv-00943-DWF-SRN Document 1 Filed 03/01/06 Page 1 of 31

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Joseph Pagliolo¸ Debra Anderson, Robert Avery, Brian Bowen, Hannelore Brandner, Vicki Brotzel, Greg Cardoza, Bruce Cerwin, William Colby-Newton, James Craig, George Crunkleton, Thomas Davis, Tracy Davis, Daniel Dewar, Antonio Duarte, Robert Esselstein, Dale B. Evans, Dale M. Evans, Kim Farmer, Linda Gregerson, John Hayes, Michael Horton, Robert Hughes, Beverly Johnson, Craig Johnson, Monica Joynt, Patrick Kelley, Urania Lima, Stuart Lindenberger, Curt Lindstrom, Henry Luber, Lori Lynch, Frank Malenowski, Jr., Kenneth Malmstedt, Judy Mathiowetz, Theodore Melzer, Edward Milner, Jr., Kathleen Mischke, Thomas Morin, Robert Odland, Janis Olson, Timothy Owens, Roy Pendley, Eric Penn, Maurice Ranasinghe, Yvonne Rickabaugh, Lynn Robeck, John Anthony Saldana, Shahin Sarkissian, Sylvia Sieferman, Robert Thurston, Armando Torrez, Jeri Troiden, Frank Trojan, Theresa Vimr, Ted Wardein, Donald Wells, David White, Patricia Wilke, Jeanine Yates, James Yost, for and on behalf of themselves and other persons similarly situated,
Plaintiffs, v.
Guidant Corporation, an Indiana Corporation, Guidant Endovascular Solutions, Inc., an Indiana Corporation, Guidant Sales Corporation, an Indiana Corporation, Advanced Cardiovascular Systems, Inc., a/k/a Guidant Vascular Intervention, a California Corporation, and Cardiac Pacemakers, Inc., a/ka/ Guidant Cardiac Rhythm Management, a Minnesota Corporation,
Defendants

Case No. ____________________
Collective Action Complaint
Jury Trial Demanded

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Plaintiffs named above, for and on behalf of themselves and other persons similarly situated (collectively referred to hereinafter as “Plaintiffs”), for their complaint against Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Solutions, Inc., a/k/a Guidant Vascular Intervention, and Cardiac Pacemakers, Inc. a/k/a Guidant Cardiac Rhythm Management (collectively “Guidant”), state and allege as follows:
Introduction
1. This is an age discrimination case arising out of a mass termination that occurred between August 6 and August 10, 2004 (the “August 2004 terminations”). At that time, Guidant, a corporation headquartered in Indianapolis, Indiana, but having its major operations in St. Paul, Minnesota, San Jose, California, and Temecula, California, notified about 721 Guidant employees (450 of which were age 40 or older) that their services were terminated sixty days after notice, and that their last day of work was the day on which the notice was delivered. At the time, the total number of Guidant employees (according to public sources) was approximately 12,000, of which approximately 100 resided and worked in Indiana.
2. The named Plaintiffs and approximately 390 other employees ages 40 and older were informed in August 2004 that their positions had been eliminated. They later learned, however,
• that many of their positions were not eliminated, • that some of their positions had been filled even before their termination, and • that a vastly disproportionate number of terminated employees were 40 or older. 3. Guidant’s failure to produce information in the manner required by federal statutes and regulations rendered the disparate treatment of older employees extremely difficult
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to ascertain; the process of recognition, in fact, took months of effort by one employee—Joseph Pagliolo. After months of investigation and manual entry of a huge amount of age data supplied to terminated employees by Guidant in conjunction with their terminations, Pagliolo discovered that Guidant had violated all standard norms associated with age discrimination. He learned, for example, that a worker over 40 was 1.75 times as likely to be terminated as a worker under 40, who was in turn only .58 times as likely to be terminated as an older worker. This means the younger worker’s chance of termination was less than three-fifths that of a worker over 40, whereas the standard rule is that discrimination is presumed when the younger worker’s chance of termination is less than four-fifths that of older workers. Pagliolo also discovered by use of a statistical software package that the imbalance between older and younger terminated workers in this case is such that there is only a 1% chance statistically that the selection of employees for termination was not a product of bias.
4. Plaintiffs have complied with the necessary administrative prerequisites to suit, including timely filings with the Equal Employment Opportunity Commission (“EEOC”) and cross-filings with relevant state human rights agencies. All such filings contained information from which Guidant was placed on notice that the claims were filed on behalf of all persons similarly situated, and that collective and class litigation was contemplated.
5. Plaintiffs seek relief under the federal Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621, et seq. Plaintiffs also seek declaratory relief under the Declaratory Judgment Act, 28 U.S.C. § 2201, relating to the enforceability of a purported release and waiver signed by most Plaintiffs at a time when they believed Guidant’s representations that the August 2004 group termination was a bona fide reduction in force necessitated by genuine need, and carried out in compliance with applicable law.
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Parties and Jurisdiction

6. Minnesota Employees: Each Plaintiff named below was employed through the

Minnesota facility of Guidant Corporation and/or Guidant Sales Corporation for the number of

years and in the job capacity shown opposite his or her name. Each was well qualified for his or

her position, and performed his or her duties in a satisfactory and competent manner. Each such

Plaintiff’s date of birth and age at termination is shown. Each filed a timely class-wide charge of

age discrimination with the EEOC, which was then timely cross-filed with the Minnesota

Department of Human Rights. More than 60 days have passed since all such charges were filed.

First Name Debra Robert Vicki Greg William George Thomas Tracy Dale B. John Robert
Michael Beverly

Last Name Residence

Anderson Avery Brotzel Cardoza ColbyNewton Crunkleton Davis Davis Evans Hayes Hughes
Horton Johnson

North Oaks, Minnesota
Glenview, Illinois
Blaine, Minnesota San Rafael, California
St. Paul, Minnesota
Aurora, Colorado White Bear Lake, Minnesota St. Paul, Minnesota White Bear Twp, Minnesota Oakdale, Minnesota Fishers, Indiana
Centennial, Colorado Arden Hills, Minnesota

Years of
Service 15
years
17.5 years
24 years
4.5 years
4.5 years
12 years

Job Title
Assistant, Logistics Senior Field Clinical Representative Clinical Data
Asst.
Sales Rep
Intermediate Systems Analyst Account Manager II

Birth Date
May 17, 1951
April 14, 1941
September 5, 1950
October 21, 1951
January 27, 1957
February 5, 1956

Age at Termination
53
63
54 52
47
48

7 months

Software Engineer

May 19, 1949

55

3 years

Animal Care Asst.

May 19, 1964

40

25 years

IS Operations Technician

July 8, 1949

55

27 years

Custodian May 30, 1946

58

7 years

Sales

March 31,

54

Representative

1950

26 years

Sales Representative

July 24, 1947

57

4

Administrative

months

Assistant

June 14, 1942

62

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Craig

Johnson

Aurora, Illinois

4 years

Senior Sales Representative

January 17, 1947

57

Patrick Kelley

Marine on St. Croix, Minnesota

24 years

Senior Mechanical Technician

August 8, 1952

52

Curtis

Lindstrom

Roseville, Minnesota

10 years

Senior Scientist

November 8, 1953

50

Lori

Lynch

Coon Rapids, Minnesota

24 years

Benefits

February 18,

Administrator

1956

48

Frank

Malenowski Blaine,

Jr.

Minnesota

28 years

Janitor

December 18, 1951

52

Kenneth

Malmstedt

Blaine, Minnesota

25 years

Janitor

July 17, 1956

48

Judy

Coon Mathiowetz Rapids,
Minnesota

16 years

Assembler

January 24, 1944

60

Theodore Melzer

West St. Paul, Minnesota

6.5 Manufacturing February 16,

years

Technician

1961

43

Kathleen Mischke

Circle Pines, Minnesota

5 years

Clinical Data Specialist

April 8, 1960

44

Thomas Morin

N. Hudson, Wisconsin

18.5 Facilities Tech. September

years

III

29, 1956

48

Robert Odland

Forest Lake, Minnesota

3 years

Senior Facilities Technician

March 13, 1962

42

Janis

Olson

Minneapolis, 1.5

Minnesota

years

Senior Production
Artist

May 30, 1956

48

Joseph Pagliolo

Columbia Heights, Minnesota

3 years*

Advisor, Electronic Engineer

August 12, 1947

56

Maurice

Ranasinghe

Bloomington, Minnesota

30.5 years

Electronic Technician

January 24, 1951

53

Yvonne

WinstonRickabaugh Salem, North
Carolina

15 years

Sales Representative

January 18, 1958

46

Lynn

Robeck

Blaine, Minnesota

28.5 years

Supplier

February 11,

Development

1953

51

Sylvia

Sieferman

Roseville, Minnesota

4.5 Senior System December 4,

years

Analyst

1947

56

Robert

Thurston

Overland Park, Kansas

26 years

Senior Sales Rep.

July 28, 1949

55

Armando Torrez

St. Paul, Minnesota

15 years

Janitor

September 12, 1960

43

Jeri

Troiden

Blaine, Minnesota

28 years

Manufacturing Training
Supervisor

March 6, 1950

54

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Frank

Trojan

Cincinnati, Ohio

6.5 years

CRM Senior Sales Rep.

May 12, 1946

58

Theresa Vimr

Maplewood, Minnesota

24.5 years

System Analyst

June 28, 1959

45

David

White

Marble, Colorado

Manager, 6 years Leads Product July 26, 1948
Development

56

Patricia Wilke

Aitkin, Minnesota

29 years

Manufacturing Supervisor

April 8, 1949

55

Jeanine Yates

Arden Hills, Minnesota

5.5 Administrative December 1,

years

Assistant

1947

56

James Yost

Merritt Island, Florida

Senior Test

8 years

Systems

July 14, 1950

54

Administrator

* Plus six years from 1989 to 1996.

7. Santa Clara Employees: Each Plaintiff named below was employed through the

Santa Clara, California, facility of Guidant Corporation and/or Guidant Sales Corporation for the

number of years and in the job capacity shown opposite his or her name. Each was well

qualified for his or her position, and performed his or her duties in a satisfactory and competent

manner. Each such Plaintiff’s date of birth and age at termination is shown. Each filed a timely

class-wide charge of age discrimination with the EEOC, which was then timely cross-filed with

the California Department of Fair Employment & Housing. More than 60 days have passed

since all such charges were filed.

First Name Brian James
Urania
Edward
Timothy

Last Name Bowen Craig
Lima
Milner, Jr.
Owens

Residence
Livermore, California
San Jose, California
San Jose, California
Mountain View, California
Dublin, California

Years of Service 15.5 years
15 years

Job Title
Group Lead
Supervisor, Equipment
Dept.

Birth Date

Age at Termination

January 29, 1958

46

November 24, 1954

49

16 years Technician

July 16, 1953

51

Research &

7 years Development October 9, 1957

46

Manager

17 years

R&D Engineering
Manager

September 23, 1950

54

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Roy

Pendley

Capitola, California

15.5 years

Senior Engineer Technician

June 20, 1936

68

Eric

Penn

Santa Clara, California

16 years

Director, Research & Development

June 15, 1944

60

Senior

John Anthony

Saldana

San Jose, California

4.5 years

Electrical / Mechanical

May 19, 1956

48

Technician

Shahin

Sarkissian

San Jose, California

5 years

Principal Equipment Engineer

April 15, 1943

61

Ted

Wardein

Santa Cruz, California

15 years

Advanced Technician

December 12, 1951

52

Donald

Wells

Santa Cruz, California

6.5 years

Intermediate Technician

May 3, 1953

51

8. Temecula Employees: Each Plaintiff named below was employed through the

Temecula, California, facility of Guidant Corporation and/or Guidant Sales Corporation for the

number of years and in the job capacity shown opposite his or her name. Each was well

qualified for his or her position, and performed his or her duties in a satisfactory and competent

manner. Each such Plaintiff’s date of birth and age at termination is shown. Each filed a timely

class-wide charge of age discrimination with the EEOC, which was then timely cross-filed with

the California Department of Fair Employment & Housing. More than 60 days have passed

since all such charges were filed.

First Name

Last Name

Hannelore Brandner

Bruce

Cerwin

Daniel

Dewar

Residence
Escondido, California
Temecula, California
Murrieta, California

Years of
Service 17.5 years
17 years
20 years

Job Title
Training Analyst
Sr. Regulatory
Affairs Associate
Engineer, Research and Development

Birth Date
November 15, 1953
June 22, 1945
May 29, 1954

Age at Termination
50
59
50

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Antonio Duarte

Temecula, California

11 years

Regulatory Compliance
Auditor

January 26, 1951

53

Robert

Esselstein

Fallbrook, California

20.5 years

Facilities Manager

December 6, 1949

54

Dale M. Evans

Temecula, California

5 years

Senior Systems Analyst

June 24, 1946

58

Software

Kim

Farmer

Menifee, California

18 years

Quality Assurance

May 13, 1953

51

Analyst

Linda

Gregerson

Kirkland, WA

18.5 years

Senior Administrative
Assistant II

August 1, 1951

53

Monica Joynt

San Diego, California

18.5 years

Manager of Recruiting
(HR)

September 20, 1958

46

Group

Stuart

Lindenberger

Redlands, California

11 years

Leader, Reliability

September 15, 1943

61

Engineer

Henry

Luber

Temecula, California

11.5 years

Principal Engineer

March 24, 1948

56

9. Each person similarly situated to the above-named Plaintiffs who affirmatively

opts into this action by filing a notice was formerly employed by Guidant in Minnesota or

California. Each was well-qualified for the position or positions he or she held, and performed

his or her duties in a satisfactory and competent manner. Nevertheless, Guidant terminated,

forced to resign, or otherwise adversely affected the employment of each such person in whole or

in part due to his or her age.

10. Defendant Guidant Corporation is an Indiana corporation with headquarters in

Indianapolis, Indiana, where it employs approximately 100 individuals. Guidant Endovascular

Solutions, Inc. is an Indiana corporation. Guidant Sales Corporation is an Indiana corporation,

with locations throughout the country. Advanced Cardiovascular Systems, Inc., a/k/a Guidant

Vascular Intervention, is a California corporation. Cardiac Pacemakers, Inc., a/k/a Guidant

Cardiac Rhythm Management, is a Minnesota Corporation. For purposes of this Complaint, the

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term “Guidant” is intended to cover all legal entities that employed one or more of the Plaintiffs herein at the time of their termination, including the entities above-named and any and all divisions of the above-named entities, including but not limited to Guidant Cardiac Surgery. Guidant has operating and manufacturing facilities in St. Paul, Minnesota, at which it employs approximately 3,000 individuals, and operating and manufacturing facilities in Santa Clara and Temecula, California, where it collectively employs approximately 4,000 individuals.
11. Guidant is an employer within the meaning of the ADEA, 29 U.S.C. § 621, et seq. 12. This action is brought under the ADEA and 29 U.S.C. § 216(b) on behalf of the Plaintiffs named above and all persons similarly situated who choose to opt in under procedures applicable to age discrimination claims, as designated by this Court. Declaratory relief is sought under 28 U.S.C. § 2201. This Court has original jurisdiction over this action pursuant to 28 U.S.C. § 1331. 13. Venue of this action in the United States District Court for the District of Minnesota is proper pursuant to 28 U.S.C. § 1391(b) because Guidant’s largest single operations and manufacturing center is found here, a majority of Plaintiffs were employed and terminated here, and a substantial part of the events giving rise to the claims occurred here.
ADMINISTRATIVE CHARGES AND PROCEEDINGS 14. As previously alleged, Plaintiffs timely filed charges of age discrimination with the EEOC, each of which was timely cross-filed with the appropriate state agency. With few exceptions, these charges asserted (a) that Guidant was engaging in a pattern or practice of discrimination against the complainant and other similarly situated employees; (b) that the individual Plaintiff’s termination was believed to be part of a pattern or practice of age-based terminations associated with the August 2004 terminations; (c) that Guidant’s discrimination
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against him or her was typical and representative of discrimination practice against other Guidant
employees 40 years of age and older who were terminated in August 2004; and (d) that the
Charging Party/Plaintiff and others similarly situated comprise a protected class of persons who
have a cause of action against Guidant.
15. Each Plaintiff named in the caption of this case has consented to become a party
Plaintiff in this action and a class representative as appropriate.
Fact Allegations: Age Discrimination Claims 16. At a time unknown to Plaintiffs, Guidant introduced “forced ranking” evaluations
that required a minimum of 10% of employees in every evaluation cycle to be rated
“Improvement Required,” i.e., the lowest evaluation ranking. Plaintiff Pagliolo specifically
inquired of the Guidant Human Resources Department as to whether the 2004 evaluations were
the product of a “forced ranking” system; the department representative expressly denied that
they were. Investigation conducted on behalf of Plaintiffs reveals that in fact forced ranking was
employed in the 2003/2004 evaluations.
17. The express denials regarding forced ranking made to Plaintiff Pagliolo were
false. For example:
• Plaintiff Bowen recalls that under Guidant’s focal point review policy, segments of the corporation would be reviewed at a specific point during the calendar year. In a mass meeting, Guidant made it known that it would strive to achieve a performance distribution of 20% Outstanding, 70% Valued, and 10% Improvement Required. During the review period slated for exempt personnel, Bowen was forced to rank one individual as “Improvement Required,” despite the fact that the individual should have been given a “Valued” ranking, because the committee had not achieved the standard distribution. Bowen resisted the ranking over two days of review with the committee, but eventually relented due to pressure.
• Plaintiff Milner, a manager, recalls that he and other managers were forced to rank employees, and had targets imposed on them: 20% Achiever (highest); 70% Contributor (middle); and 10% Improvement Required (lowest).
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• Plaintiff Owens was required by his director and other management personnel to rank certain individuals as “Needs Improvement,” despite the fact that such individuals were equivalent to persons ranked at a higher level.
• Plaintiff Pagliolo’s manager told Pagliolo that all managers were being forced to put a certain percentage in the “Improvement Required” category, despite the company’s public position on forced ranking.
• Plaintiff Penn, a Director, recalls that Guidant practiced “Focal Reviews” in which all employees within defined employee categories were reviewed together once per year. Theoretically, performance was measured against objective criteria and categorized as exhibiting Outstanding, Valued, or Needs Improvement levels of performance aggregated over the prior twelve-month period. Managers of each employee category then convened in “Calibrations Meetings” at which the relative performance of all employees within a category was compared. At these meetings led by HR representatives, managers were required to determine which 20% of employees were “Outstanding, which 70% were “Valued,” and which 10% were “Needs Improvement.” When application of the objective criteria did not lead to the desired outcome, the managers were required to adjust the performance ratings of selected employees until the preset distribution percentages were achieved. Managers were guided on how to adjust the review of affected employees to support the new rating. If a calibration team submitted a non-compliant distribution for their groups, they were routinely directed by senior management to redo the calibration process, adjusting more ratings until the distribution fit the preset percentages for each category.
• Two of Plaintiff Rickabaugh’s managers freely admitted that they did not choose her ranking. One of the managers stated “I know this is not what you were expecting.” The other manager informed Rickabaugh that he was not allowed to give her the ranking he wanted because he was told that he did not know Rickabaugh like the other managers did. Both managers stated that they went to a meeting in which all of the managers discussed all of the sales representatives, and that rankings were chosen at that meeting.
• Plaintiff White, a manager, attended a presentation by a Human Resources associate, on the changes in the employee performance review process. The Human Resources associate’s PowerPoint presentation showed the distribution of how many individuals managers were ordered to place in each of the three new categories. White learned that management wanted more “Improvement Required” ratings, and it was a stated objective that managers were to identify 10% to receive “Improvement Required” ratings. White’s supervisor and the managers in the Leads Product Development Department became frustrated with trying to satisfy management’s expectations with implementing the forced ranking within their respective departments, and invited a Human Resources Vice President to a staff meeting to explain the implementation. The Vice President gave a lengthy overview, during which a department manager asked, “Wouldn’t it be a good idea to write all this down for us to follow?” The Vice President
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responded to the effect that the process was still “fluid” and if they were to document it there would be many updates. 18. Introduction of the forced ranking system was a part of a pattern or practice of age
discrimination against older employees at Guidant. Plaintiffs in this action and other similarly
situated employees were subjected to this pattern or practice of age discrimination. As a part of
this pattern or practice of age discrimination, Guidant began to target older employees for
termination, taking steps that were designed to ensure poorer ratings, “raising the bar” for older
workers, pre-hiring younger replacement employees, and targeting older Guidant employees for
job elimination, transfer, and other steps designed to ensure low evaluation, resignation, or
termination.
19. Plaintiffs reasonably believe the evidence will show that “Improvement
Required” ratings were disproportionately given to older employees, that such ratings were not a
valid measure of individual performance, and that persons with such ratings were included as a
matter of course in the termination list for the August 2004 group terminations, enabling Guidant
to fulfill its purpose of achieving and/or maintaining a younger workforce. As a result of the
forced rankings, many older employees received “Improvement Required” ratings for the first
time in their careers. Examples:
• Plaintiff Anderson, prior to 2004, had received ten “Going Beyond the Expected” Awards from Guidant, and a Guidant “Presidential Award of Excellence.” In 2004, she received an “Improvement Required” rating for the first time ever. Her work performance had not changed; only the review had changed. Although there were many positive notes in her file, none of them was included in her review. She had to ask for the positive points to be added to her review.
• Plaintiff Morin, prior to 2004, had received nine “Going Beyond the Expected” Awards from Guidant, and a “President’s Award for Excellence.” In 2004, Morin received an “Improvement Required” rating for the first time ever.
• Plaintiff Odland joined Guidant about three years before the August 2004 terminations. After his first year on the job, during which he took no sick leave or vacation, he received Guidant’s highest ranking on his performance review. But
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in the spring of 2004, his review rating suddenly dropped to “Improvement Required,” despite his having improved his ability to deliver service to the company.
• Plaintiff Penn, a director, had a long history of strong performance reviews at Guidant and its predecessors. He received an “Improvement Required” rating for the first time in 2004, with no prior indication that his performance was in question. He attempted to get the supporting evidence on which the assessment was based and was unable to do so.
• Plaintiff White received an “Improvement Required” rating for the first time in 2004. However, White’s supervisor changed White’s “Improvement Required” rating to “Performer” status immediately prior to the supervisor’s departure from the Leads Product Development Department to a new position within manufacturing at Guidant.
20. The measures described above and others were taken by Guidant for the purpose
of positioning older employees for a massive group termination designed to reduce the total
Guidant work force by almost 10%.
21. The following examples are further evidence of the pattern or practice of
discrimination against older workers at Guidant:
• Plaintiff Luber and others in his equipment group were repeatedly told by Guidant management that the average age of the group was too high.
• Plaintiff Anderson was told by her manager, “Now that you’ve turned 50, we have to raise the bar and you have to keep up.”
• Plaintiff Davis asked her supervisor why she was not being promoted, while several employees she trained were being promoted. In response, Davis’ supervisor told her that she was “getting on in years.”
• Plaintiff White’s supervisor stated during staff meetings that Guidant was vulnerable to age discrimination claims because of the forced ranking system that was intended to “weed out” people. During this period of forced rankings, Mr. White’s supervisor asked Mr. White on several occasions, during weekly one-onone meetings, if he had retirement plans in place. It seemed odd to Mr. White that such questions were asked in the context of project-focused meetings. Additionally, during several Leads Product Development Department staff meetings, a fellow manager who had been with Guidant for many years and was generally understood to reflect the views of upper management, stated on several occasions that “people don’t grow old at Guidant.”
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• Plaintiff Troiden’s supervisor said “Who in their right mind would hire a 59-yearold engineer?” The lowest performing engineer in Troiden’s group, who was younger, was not given a low ranking, a fact that the supervisor explained by saying that it would ruin the younger engineer’s career.
• An older employee in Plaintiff Davis’ department achieved more problem resolutions in one month than the rest of his group combined. The older employee was then nominated for employee of the month, but management decided to discontinue the employee of the month program that month. The program was resumed the following month.
• Plaintiff Rickabaugh witnessed that new hires, particularly those with less than one year and less than five years with Guidant, were recognized and applauded at the annual national sales meetings, while those who had been with Guidant longer were consistently overlooked. The new hires were generally younger than those with longer tenure.
• Plaintiff Wilke was asked by her supervisor when she was going to retire, was referred to as a “salty character,” was shown a video about putting up with older employees, and heard repeated references to the “brightest and best,” meaning younger employees. Wilke witnessed several instances in which younger employees got away with behaviors that older employees could not. Wilke also had a conversation with her former manager in the Spring of 2004, in which the former manager described an incident in which an older supervisor in Temecula was “put out to pasture.”
• Plaintiff Yates frequently heard that “no one grows old at Guidant.”
• Plaintiff Thurston’s supervisors told Thurston’s former coworkers that the reason Thurston was terminated was that he is too old, and shouldn’t be doing this anymore.
• Plaintiff Saladana regularly heard comments about the “brightest and best,” “young blood” and the “future of the company” in reference to younger employees.
• Plaintiff Odland, a senior facilities technician, was told by a manager that there were “too many senior level technicians” in the area where Odland served. The manager told Odland that all new hires were to be at the entry level “because they are young and they will work cheap.” Odland in fact prepared a training manual for the three younger employees (none of whom lost his job in the August 2004 terminations); all three were promoted to senior facilities technicians, and one in his early thirties was made lead.
22. Those responsible for selection of the persons subjected to the August 2004 group
termination knew or should have known (a) that the process for selecting approximately 721
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individuals for termination had not been properly tested or screened by an EEO compliance
officer; (b) that the terminations (and the evaluations that gave rise to many of them) were the
product of an almost entirely subjective process; and (c) that the terminated employees were
disproportionately over the age of 40.
23. The August 2004 termination notices were accompanied by publicity generated
by Guidant to the effect that the terminations were the product of a reduction in force
necessitated by the reduced financial fortunes of the company. But many of the positions were
in fact not eliminated, but instead were soon filled by younger, less qualified employees. The
following examples reflect the fact that not only were jobs not eliminated, but Plaintiffs and
other terminated employees were actively discouraged or prevented from reapplying for jobs for
which they were well-suited and highly experienced:
• Plaintiff Anderson was replaced by a younger employee, who held Ms. Anderson’s former position for approximately five or six months, and was in turn replaced by another younger employee.
• Although no one was given the same title as Plaintiff Avery, after his termination, other field clinical representatives were hired and/or transferred into the area in which Mr. Avery had worked.
• Plaintiff Bowen was informed at the time of his termination that the operations he had performed as a group lead were being terminated; in fact, those operations continued for approximately eight months after his termination. In May 2005, Bowen submitted his resume to Guidant in response to Guidant’s online posting for an Equipment Engineer 27015. Mr. Bowen was a qualified candidate for this position, as he had held a similar title prior to becoming a group lead, and had intimate knowledge of Guidant’s equipment and processes. Despite his qualifications for the position, Bowen never received a reply from Guidant.
• Plaintiff Brandner was replaced by a new hire. Ms. Brandner also recalls that older workers were not provided the opportunity to find alternative employment with Guidant after the group termination, but that such opportunities were provided to younger workers.
• Plaintiff Cerwin, after being terminated as a Senior Regulatory Affairs Associate, applied for a posted Guidant regulatory affairs position but was denied
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employment. Regulatory work at Guidant, such as reporting to the FDA, is a necessary and legally required component of Guidant’s business.
• Plaintiff Crunkleton, a Guidant salesman prior to the group termination, states that Guidant relocated a sales representative from Texas to Denver to take over Crunkleton’s territory after the group termination. To the best of Plaintiffs’ knowledge, formed after reasonable inquiry, the sales representative took over Mr. Crunkleton’s position in May 2005.
• In Plaintiff Craig Johnson’s sales region, five persons, believed to be under the age of 40 performed the same job as Mr. Johnson, but only Mr. Johnson was terminated in the group termination. After Mr. Johnson’s layoff, his sales region was reorganized but was not cut back. To the best of Plaintiffs’ knowledge, formed after reasonable inquiry, Guidant subsequently gave responsibility for Mr. Johnson’s area to a younger sales representative.
• Approximately three months prior to Plaintiff Horton’s forced early retirement, Guidant made three new hires and two transfers to the Denver sales region. At the time Mr. Horton was notified of the terminations, he met with the area director, and asked if, rather than retire, he could transfer into a lesser job such as field clinical engineer or field clinical representative. He was told that there was no position for him at Guidant. After Mr. Horton’s layoff, however, Guidant made two additional hires in his sales area; the two new hires were approximately 32 and 37 years of age respectively.
• After the group termination, a younger engineer was given the work responsibilities that Plaintiff Luber had previously performed. Thereafter, Guidant advertised for positions in the manufacturing engineering area with an experience requirement of 0 to 5 years. Mr. Luber applied online for posted vacancies in May and July 2005 and, in each instance, received only an automated reply. Mr. Luber was never contacted by Guidant after he submitted his applications.
• At the time of the group termination, Guidant represented to Plaintiff Milner that he and others in his department were no longer needed because the Santa Clara plant would only be doing research in the future, not development, and that Mr. Milner’s department was not needed because it was heavily involved in development. In fact, nearly half of Mr. Milner’s department was working on a project called “Easystreet,” a project that involved considerable process research. Mr. Milner was told that the Easystreet project was going to be scrapped. However, process development, the work done in Mr. Milner’s department, continued for several months after the group termination. To the best of Plaintiffs’ knowledge, formed after reasonable inquiry, Easystreet continues to be a viable project.
• During the last few months before his termination, Plaintiff Morin was instructed by management to train one of the younger technicians on how to calibrate
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sensing equipment. Morin was led to believe that the purpose of such training was to provide him with backup. Shortly before Morin’s termination, however, the younger technician was promoted to senior technician and has since taken over the calibrations.
• Plaintiff Lindenberger was replaced by a younger worker who is believed to be under 40 years of age.
• Plaintiff Pagliolo was replaced by a younger engineer. In September 2005, Mr. Pagliolo responded to a Guidant on-line posting and received an automated e-mail response stating that Guidant had received his application, but he has heard nothing further from Guidant.
• Despite Guidant’s representations that Plaintiff Lindstrom’s position was being eliminated, before, during, and after the group termination, Guidant was openly seeking and publicly advertising to fill positions with the same qualifications as Mr. Lindstrom, through college recruitment efforts, job fairs, print and online listings on the Guidant website.
• After his termination, Plaintiff Odland’s role in facilities management was filled by a man approximately thirty years old. Odland has since been told by this individual that he has hired new people to replace the older facilities management employees who were terminated or (in at least one case) “managed out” in 2004.
• Despite Guidant’s representations that Plaintiff Owens’ position was being eliminated, his job as R & D Manager was reposted within months of Owens’ termination.
• Approximately nine months prior to Plaintiff Rickabaugh’s termination, a younger employee was moved into her sales area, and another younger employee was hired to assist him. Both employees are believed to be under the age of 40. At the time Plaintiff Rickabaugh was terminated, she was informed that she was being replaced by another worker, and that Guidant was laying off some people and repositioning others. Her replacement is believed to be under 40 years of age. Within a year, the replacement was removed from the territory, and another younger worker, also believed to be under 40 years of age (and who had previously been introduced as a clinical support person to customers in the sales area by Rickabaugh), was relocated back to the area to take Rickabaugh’s former position.
• In early 2005, Guidant posted an opening for Principal Equipment Engineer, the job title formerly held by Plaintiff Sarkissian. Mr. Sarkissian applied for the position, but his application was never acknowledged by Guidant.
• Plaintiff Sieferman, in approximately October 2005, learned of 16 openings for the position of “Analyst, Information Systems,” her former title. She applied for several of the positions, but received no response from Guidant. Sieferman also
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discussed the open positions with her former group lead, by telephone and e-mail, asking whether the group lead would recommend her for one or more of the open positions. The group lead indicated that he would recommend her, but Sieferman never received any communication from the hiring manager to whom the group lead said he would make the recommendation. • Plaintiff Thurston was replaced by a younger sales representative, who is believed to be under 40 years of age. • Plaintiff White was replaced by a younger engineer in the Leads Product Development Department. • Despite Guidant’s representation that Plaintiff Wilke’s position was being eliminated, Ms. Wilke was in fact replaced by a younger worker. 24. Guidant represented that the layoffs were being made “in order to offset current and projected decreased revenues and remain a profitable and competitive business.” In fact, approximately two weeks before the August group termination, in a press release, Guidant reported record sales for the second quarter of 2004. In that press release, Guidant’s CEO stated that “As to the future outlook, during 2004 and 2005, declines in coronary stent sales are projected to be offset by growth in revenue from the remainder of Guidant’s product portfolio.” 25. As more fully described below, careful analysis of the August 2004 group termination reveals that it failed in numerous and consistent ways to comply with regulatory and judicial guidelines that have been established as a prima facie threshold for a presumption of discrimination. Fact Allegations: Prima Facie Evidence of Age Discrimination 26. Based on calculations performed following the August 2004 group termination, mathematical evidence of discrimination based on age is overwhelming. These calculations, which are derived entirely from the figures displayed in Exhibit 10, all of which were manually entered into a spreadsheet and then into a commercial statistical application, support the following conclusions:
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• That 450 of the 721 employees targeted for termination in August 2004 were 40 years of age or older (62.4%), despite the fact that older workers represented just 48.6% of the Guidant workforce (if Exhibit 10 represents the entire Guidant workforce).
• That the terminations affected 10.5% of older workers and only 6% of workers under 40, and, as the following chart indicates, workers in higher age ranges were laid off at increasingly higher rates.

Percent Laid Off in Age Range

Guidant August 2004 RIF Percent Laid Off in Age Range

20

18

17.23

16 14.53
14 12.39
12

10

8.54 8.9

7.79 8

6.36

6

5.03

4

2

1.45

0 0

less 20 - 24 25 - 29 30 - 34 35 - 39 40 - 44 45 - 49 50 - 54 55 - 59 60 and

than 20

over

Age Range

• That the rule-of-thumb “four-fifths” rule (source: Uniform Guidelines on Employee Selection Procedures) was clearly violated; the adverse impact ratio for older workers is 1.75 (an older worker is 1.75 times more likely to be terminated than younger worker), while the comparable impact ratio for younger workers is 0.57 (younger worker is only .57 times as likely to be terminated—under the fourfifths rule, this figure should not be less than .80).
• That the “chi-square” value in this case is 59.7881, which (a) is greater than the 6.635 standard, and (b) indicates that there is less than a 1% chance that these results would occur absent any form of bias.

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• That the standard deviation statistic in this case is 7.732, meaning that the proportion of older workers selected for termination is well beyond two standard deviations above the proportion of all workers (older and younger combined) selected for termination. Fact Allegations: Declaratory Judgment Claim
27. On various dates in early August 2004, approximately 721 Guidant employees were informed, either in person or by telephone, that their jobs with Guidant were being terminated. The majority of Plaintiffs also received a letter (Exhibit 11) stating that Guidant had made the decision to eliminate a number of positions, and that their positions had been chosen for elimination. Terminated employees were advised that the date on which they received notice was their last day of work, though they would remain on the payroll for some 60 days until early October 2004. The termination letter further stated that the reduction in force was “expected to be permanent in nature.”
28. Attached to (and paginated as though they were part of) each termination letter were the following:
• a “Severance Agreement and Release of Claims,” marked “Informational Purposes Only – Do Not Sign” (Exhibit 2 hereto);
• a “Notice of Scheduled Termination Date and Statement of Severance Pay and Benefits,” marked “Informational Purposes Only – Do Not Sign;” (Exhibit 3); and
• a “Severance Eligibility Disclosure” (Exhibit 4), which was a template containing no information about those who had or had not been selected for termination.
Plaintiffs and other terminated employees also received with the letter:
• a copy of “The Guidant Severance Pay Plan, 2004 Edition,” (Exhibit 5); • a document called “Reduction in Force Impact to Benefits” (Exhibit 6); and
1 The name and other identifying information of the Plaintiff who received Exhibits 1 through 9, filed herewith, have been redacted. With few exceptions, each of the Plaintiffs herein received substantially identical documents to those marked as Exhibits 1 through 9.
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• a document entitled “Questions and Answers about Severance Benefits” (Exhibit 7).
29. Because most employees who received termination notices were asked to leave the workplace immediately, terminated employees had no opportunity to discuss the terminations among themselves in the workplace or to learn the impact of the layoffs on other divisions of Guidant. Any such communication was forced outside the workplace and was left to the individual initiative of terminated employees, whose residences were widely scattered across California, Minnesota and other states.
30. In early October 2004, Plaintiffs and other terminated Guidant employees received a second package of materials from Guidant, including:
• a final “Severance Agreement and Release of Claims” (Exhibit 8), which purported to release all claims against Guidant, including claims for age discrimination under the ADEA;
• a final and personalized version of Exhibit 3, the “Notice of Scheduled Termination Date and Statement of Severance Pay and Benefits;”
• a “Severance Eligibility Disclosure” (which is a modified version of Exhibit 4) to which was attached a 184-page computer printout (Exhibit 9) alphabetically arranged by job title, showing a birthdate and a “yes” or a “no” in a column headed “Severance Eligibility?”
31. All but one Plaintiff (Pagliolo) signed the “Severance Agreement and Release of Claims” within 45 days of their respective “termination dates.”
32. The signed releases are invalid, as neither the releases nor the documents provided therewith comply with The Older Workers’ Benefit Protection Act, 29 USC § 626 (f)(1)(H) (“OWBPA”), which requires that terminated employees be informed as to “any class, unit, or group of individuals covered by such program, any eligibility factors for such program,” and as to “the job titles and ages of all individuals eligible or selected for the program, and the
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ages of all individuals in the same job classification or organizational unit who are not eligible or selected for the program.”
33. The releases are also invalid under the OWBPA because they fail to inform the recipient as to “any eligibility factors” for the group termination, as required by 29 USC § 626 (f)(1)(H)(i). Neither the release, nor the purported “Severance Eligibility Disclosure” provide any indication of what factors were used to determine which persons and/or positions were to be eliminated.
34. The releases are invalid under the OWBPA, as to all signatories, as signatories were induced to sign the release by Guidant’s misrepresentations. Plaintiffs and others terminated in the August 2004 group termination were informed that their positions were being eliminated and that the reduction in force was “expected to be permanent in nature.” In fact, many of Plaintiffs’ positions were not eliminated.
35. The releases are also invalid under the OWBPA because they fail to inform the terminated employee of the ages of all individuals eligible or selected for the program and the ages of all individuals in the same job classification or organizational unit who are not eligible or selected for the program, as required under 29 U.S.C. § 626(f)(1)(H)(ii). Rather than providing ages, the Severance Eligibility Disclosure provided birthdates. In addition to being a technical violation of the OWBPA, the failure to provide ages, rather than birth dates, indicates that the disclosure was not provided in a manner calculated to be understood by the average individual eligible to participate. In order for Plaintiffs to be informed as to the ages of those selected and those not selected for the group termination, Plaintiffs would be required to convert approximately 8,790 birth dates into ages.
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36. The releases are also invalid under the OWBPA for failure to comply with 29 CFR 1625.22(f)(4)(ii). Under that regulation, age information is to be broken down according to the age of each individual selected for termination and each person not selected for termination. Guidant’s “Severance Eligibility Disclosure” did not provide a breakdown by age. Rather, the only breakdown provided is by alphabetically listed job titles. Within each of the various job titles, the order in which individuals are listed is not by order of age, as contemplated by the regulations.
37. The releases are also invalid under the OWBPA because they fail to comply with 29 CFR 1625.22(f)(4)(iii). Pursuant to that regulation, information is to be broken down by grade level or other subcategory where, as here, the termination involves persons in several established grade levels and/or other established subcategories within a job category or job title.
38. The releases are also invalid under the OWBPA because they fail to inform the individual as to “any class, unit, or group of individuals covered by” the reduction in force, as required by 29 USC § 626 (f)(1)(H)(i). Neither the standard release, the Severance Eligibility Disclosure, nor the 184-page spreadsheet attached thereto provided Plaintiffs with any way of knowing what class, unit or group of individuals (the “decisional unit”) was covered by the group termination.
39. Rather than defining or identifying the decisional unit involved in the terminations, as required under the OWBPA and the regulations, Guidant merely supplied the birth dates and job titles of nearly nine thousand employees, without identifying which Guidant divisions or locations that list represents. To the best of Plaintiffs’ knowledge, formed after reasonable inquiry, Guidant’s total workforce at the time of the August 2004 terminations was approximately 12,000 worldwide, and approximately 9,000 in the United States. As a result, it
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appears that the list provided to Plaintiffs may be – but is not identified as – a list of all Guidant employees in the United States. Regardless of whether the information provided coincided with the actual decisional unit, the Release and accompanying documents failed to inform the terminated employees as to the decisional unit, as well as how the terminations broke down by location, division, or other unit with which the employee might identify.
40. To the best of Plaintiffs’ knowledge, formed after reasonable inquiry, while the decision to conduct the massive termination program may have been made at the national level, the management and record-keeping practices of Guidant are such that no one at the national level had sufficient information regarding the individuals terminated to make the national office the decision-maker with respect to each of the individuals terminated. To the best of Plaintiffs’ knowledge, formed after reasonable inquiry, the decision-making entity with respect to any individual employee terminated was an entity consisting of substantially less than 8,790 employees.
41. Plaintiffs’ receipt and retention of benefits under the terms of the invalid release does not, as a matter of law, constitute a ratification of the release itself.
42. Plaintiffs seek declaratory relief from this Court in order to establish disputed rights under the documents that make up and surround the Severance Pay Plan and the “Severance Agreement and Release of Claims.” These issues represent threshold issues for most of these Plaintiffs, and their early resolution will facilitate the swift administration of justice. Specifically, Plaintiffs ask the Court to declare that Guidant’s failures to comply with the OWBPA and the regulations promulgated thereunder render the release invalid as against federal age discrimination claims (though not otherwise), and that Plaintiffs may proceed in spite of the signed releases.
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Count I
Declaratory Judgment 28 U.S.C. § 2201
43. Plaintiffs hereby incorporate by reference each and every allegation and averment made above as though fully set forth herein.
44. All named Plaintiffs except Pagliolo signed the standard form “Severance Agreement and Release of Claims” presented by Guidant in conjunction with the August 2004 group termination in a form substantially equivalent to Exhibit 9 attached hereto.
45. For reasons elsewhere described herein, including willful failure by Guidant to comply with federal statute and regulatory guidelines pertaining to disclosure of information relevant to the assessment of possible age discrimination claims, Plaintiffs who signed releases were unaware until long after the deadline to sign the release that age discrimination played a role in the selection of persons scheduled for termination in the August 2004 group termination.
46. An actual controversy of a judicial nature exists between Plaintiffs and Defendant regarding whether the releases signed by Plaintiffs constitute valid waivers of Plaintiffs’ age discrimination claims under the ADEA.
47. A declaratory judgment with respect to the validity of the releases would terminate any and all uncertainty and controversy with respect to the rights of Plaintiffs to sue Guidant for age discrimination under the ADEA.
48. Plaintiffs seek the declaratory judgment of this Court, under the authority of 28 U.S.C. § 2201, that the Severance Agreement and Release of Claims is invalid under the OWBPA as a result of Guidant’s failure to fully disclose relevant and legally required information in connection with the August 2004 group termination, its failure to disclose required information in a manner calculated to be understood by Plaintiffs, and its
25

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misrepresentations as to the reasons for the group termination, and declaring that Guidant may not assert, or gain benefit by, the terms of the standard waiver and release insofar as it applies to federal age discrimination claims.
49. Plaintiffs further seek the order of this Court in compliance with precedent (see, e.g., Oubre v. Entergy Operations, Inc., 522 U.S. 422 (1998); Butcher v. Gerber Products Co., 8 F.Supp.2d 307 (S.D. N.Y. 1998)) and 29 C.F.R. § 1625.23 that Plaintiffs may assert their claims without returning cash benefits or suffering a discontinuation of other benefits during the pendency of this case.
Count II
Age Discrimination (Disparate Treatment) ADEA Collective Action
50. Plaintiffs hereby incorporate by reference each and every allegation and averment made above as though fully set forth herein.
51. This is a representative action under 29 U.S.C. §§ 626(b) and (c) and 29 U.S.C. § 216(b) by the above-named Plaintiffs and other similarly situated persons who opt into this action by filing an appropriate notice.
52. As elsewhere more fully set forth in this Complaint, Guidant engaged in an unlawful pattern or practice of age discrimination that adversely affected Plaintiffs, and each of them, and other similarly situated former Guidant employees in violation of 29 U.S.C. § 621 et seq.
53. The unlawful pattern or practice of age discrimination by Guidant alleged herein constitutes a willful violation of the ADEA.
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54. Plaintiffs’ charges of discrimination filed with the EEOC asserted claims on behalf both of the Plaintiffs themselves and others similarly situated, and adequately placed Guidant on notice that a collective action was forthcoming.
55. Plaintiffs and others similarly situated were adversely affected by the pattern or practice of unlawful, willful age discrimination by Guidant as elsewhere described herein. Plaintiffs and others similarly situated suffered actual damages in the form of lost salary and wages, bonuses, stock options, fringe benefits, retirement and insurance benefits, and other forms of compensation, as well as loss of career opportunity and advancement, costs of seeking alternate income, and in other respects, all in amounts yet to be determined, but reasonably believed to exceed $75,000 per Plaintiff.
Count III
Age Discrimination (Disparate Impact) ADEA Collective Action
56. Plaintiffs hereby incorporate by reference each and every allegation and averment made above as though fully set forth herein
57. This is a representative action under 29 U.S.C. §§ 626(b) & (c) and 29 U.S.C. § 216(b) by the above-named Plaintiffs and other similarly situated persons who opt into this action by filing an appropriate notice, and an individual action under the ADEA.
58. As set forth more fully above, Guidant has utilized practices, policies and procedures that have disparately impacted former employees of Guidant, resulting in an unlawful pattern or practice of age discrimination in violation of the ADEA, 29 U.S.C. § 621 et seq.
59. The above-named Plaintiffs and others similarly situated were disparately impacted by Guidant’s practices, policies and procedures, in violation of the ADEA.
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60. Each of the above-named Plaintiffs has been disparately impacted by Guidant’s practices, policies and procedures, in violation of the ADEA.
61. As a direct and proximate result of the aforesaid age discrimination by Guidant, each of the Plaintiffs has suffered damages in an amount to be determined at trial, but reasonably believed to exceed $75,000 per Plaintiff, including, but not limited to, lost salary, bonuses, stock options, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits.
Count IV
Age Discrimination (Disparate Treatment) Individual Claims
62. Plaintiffs hereby incorporate by reference each and every allegation and averment made above as though fully set forth herein.
63. Guidant discriminated against each named Plaintiff herein because of his/her age in willful violation of the disparate treatment provisions of the ADEA by engaging in the pattern or practice of age discrimination elsewhere described in this Complaint and by terminating each Plaintiff’s employment in August 2004. As a direct and proximate result of Guidant’s unlawful and willful age discrimination against them, each individual Plaintiff has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary and wages, bonuses, stock options, fringe benefits, retirement and insurance benefits, and other forms of compensation, as well as loss of career opportunity and advancement, costs of seeking alternate income, and in other respects, all in amounts yet to be determined, but reasonably believed to exceed $75,000 per Plaintiff.
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Count V
Age Discrimination (Disparate Impact) Individual Claims
64. Plaintiffs hereby incorporate by reference each and every allegation and averment made above as though fully set forth herein.
65. Guidant discriminated against each named Plaintiff herein because of his/her age in willful violation of the disparate impact provisions of the ADEA, by engaging in the pattern or practice of age discrimination elsewhere described in this Complaint and by terminating each Plaintiff’s employment in August 2004. As a direct and proximate result of Guidant’s unlawful and willful age discrimination against them, each individual Plaintiff has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary and wages, bonuses, stock options, fringe benefits, retirement and insurance benefits, and other forms of compensation, as well as loss of career opportunity and advancement, costs of seeking alternate income, and in other respects, all in amounts yet to be determined, but reasonably believed to exceed $75,000 per Plaintiff.
JURY DEMAND 66. Plaintiffs demand a trial by jury.
PRAYER FOR RELIEF WHEREFORE, Plaintiffs request that the Court enter judgment in their favor and against Guidant as follows: 1. Making such orders as are necessary and appropriate to certify the case for
treatment as a collective action under the ADEA; 2. Awarding each of the Plaintiffs and Opt-In Plaintiffs back pay and benefits,
together with interest thereon; 3. Restoring each of the Plaintiffs and Opt-In Plaintiffs to positions comparable to
those from which they were terminated or, in lieu of reinstatement, awarding each
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Plaintiff and Opt-In Plaintiff front pay and benefits for the period remaining until that person’s expected retirement age;
4. Awarding each Plaintiff and Opt-In Plaintiff liquidated damages pursuant to the ADEA in an amount equal to that person’s back pay and benefits award, together with interest thereon;
5. Declaring that Plaintiffs are entitled to test the validity of the releases of age discrimination claims under the ADEA in a court of law without tendering back any benefits received, or suffering a discontinuation of benefits to be received, pursuant to said release, regardless of whether said release is ultimately determined to comply with the OWBPA;
6. Declaring that the releases of age discrimination claims under the ADEA presented by Guidant to Plaintiffs and other similarly situated employees of Guidant are invalid as a matter of law, that said releases were not and cannot as a matter of law be ratified, and that Plaintiffs and Opt-In Plaintiffs who signed such releases are entitled to keep the benefits received and to continue to receive said benefits while pursuing rights under the ADEA;
7. Awarding attorneys fees and costs as appropriate pursuant to the relevant statutes;
8. Awarding prejudgment interest, costs and disbursement as appropriate herein; and
9. Awarding such other and further relief as the Court and/or jury deems equitable, appropriate and just.
Dated: March 1, 2006.
By: s/ Wood R. Foster, Jr. Wood R. Foster, Jr. (#31288) Jordan M. Lewis (#203099) Jay B. Streitz (#313701)
Siegel, Brill, Greupner Duffy & Foster, P.A. 100 Washington Avenue South, Suite 1300 Minneapolis, MN 55401 (612) 337-6100 (612) 339-6591 – Facsimile
Cynthia M. Stange (#297148) Stange Law Firm 2803 Lincoln Dr #300 Roseville, MN 55113-1332 (651) 636-0408 (651) 636-9600 – Facsimile
30

Case 0:06-cv-00943-DWF-SRN Document 1 Filed 03/01/06 Page 31 of 31
Frank T. Mabley (#6578X) Greenstein Mabley & Wall LLC 2083 Lincoln Dr. #300 Roseville, MN 55113-1312 (651) 636-7696 (651) 636-9600 – Facsimile Patricia V. Pierce Willig, Williams & Davidson 1845 Walnut Street, 24th Floor Philadelphia, PA 19103 (215) 656-3607
ATTORNEYS FOR PLAINTIFFS
31

 
 Case 0:06-cv-00943-DWF-SRN Document 66 Filed 06/11/07 Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Joseph Pagliolo¸ et al., for and on behalf of themselves and other persons similarly situated,
Plaintiffs,
vs.
Guidant Corporation, an Indiana Corporation, et al.,
Defendants.

Civil No. 06-943 (DWF/SRN)
Plaintiffs’ Motion for Conditional Certification and Mailing of Notice to Similarly
Situated Individuals

Plaintiffs, by their attorneys, respectfully move the above-named Court for its order as follows:
1. Directing defendants to deliver forthwith to counsel for plaintiffs a list of each employee terminated in the August 2004 terminations whose age on the date the employee was notified of termination, as reflected in Guidant’s business records, was 40.0 years or more;
2. Conditionally certifying a class in this collective action, which conditional class consists of all persons who were 40 years of age or more on the date in August 2004 when they received notice of termination of their employment from any named defendant in this case;
3. Approving the form of notice attached to this Motion as “Exhibit A” or such later-substituted notice as the parties may subsequently submit to the Court in lieu of Exhibit A;

Case 0:06-cv-00943-DWF-SRN Document 66 Filed 06/11/07 Page 2 of 2

4. Ordering such other and further relief as to the Court appears just,

necessary or equitable in light of its rulings on request 1-3 above.

This motion is based upon all the files and proceedings herein, and is supported by

the Affidavits of Wood R. Foster, Jr., and Joseph Pagliolo as well as a Memorandum of

Law, all of which are submitted herewith.

Dated: June 11, 2007.

SIEGEL, BRILL, GREUPNER, DUFFY & FOSTER, P.A.

By: s/ Wood R. Foster, Jr. Wood R. Foster, Jr. (#31288) Jordan M. Lewis (#203099)
100 Washington Avenue S, Suite 1300 Minneapolis, MN 55401 Phone: 612-337-6100 Fax: 612-339-6591
Cynthia M. Stange (#297148) STANGE LAW FIRM 2803 Lincoln Drive, #300 Roseville, MN 55113-1332 Phone: 651-636-0408 Fax: 651-636-9600
Frank T. Mabley (#6578X) GREENSTEIN MABLEY
& WALL LLC 2083 Lincoln Drive, #300 Roseville, MN 55113-1312 Phone: 651-636-7696 Fax: 651-636-9600
Patricia V. Pierce WILLIG, WILLIAMS & DAVIDSON 1845 Walnut Street, 24th Floor Philadelphia, PA 19103 Phone: 215-656-3600 Fax: 215-561-5135
Attorneys for Plaintiffs
2

 
 Case 0:06-cv-00943-DWF-SRN Document 63 Filed 06/05/07 Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Joseph Pagliolo, Debra Anderson, Robert Avery, Brian Bowen, Hannelore Brandner, Vicki Brotzel, Greg Cardoza, Bruce Cerwin, William Colby-Newton, James Craig, George Crunkleton, Thomas Davis, Tracy Davis, Daniel Dewar, Antonio Duarte, Robert Esselstein, Dale B. Evans, Dale M. Evans, Kim Farmer, Linda Gregerson, John Hayes, Michael Horton, Robert Hughes, Beverly Johnson, Craig Johnson, Monica Joynt, Patrick Kelley, Urania Lima, Stuart Lindenberger, Curt Lindstrom, Henry Luber, Lori Lynch, Frank Malenowski, Jr., Kenneth Malmstedt, Judy Mathiowetz, Theodore Melzer, Edward Milner, Jr., Kathleen Mischke, Thomas Morin, Robert Odland, Janis Olson, Timothy Owens, Roy Pendley, Eric Penn, Maurice Ranasinghe, Yvonne Rickabaugh, Lynn Robeck, John Anthony Saldana, Shahin Sarkissian, Sylvia Sieferman, Robert Thurston, Armando Torrez, Jeri Troiden, Frank Trojan, Theresa Vimr, Ted Wardein, Donald Wells, David White, Patricia Wilke, Jeanine Yates, and James Yost, for and on behalf of themselves and other persons similarly situated,

Civil No. 06-943 (DWF/SRN)

Plaintiffs,

v.
Guidant Corporation, an Indiana Corporation; Guida for and on behalf of themselves only)
Endovascular Solutions, Inc., an Indiana Corporation; Guidant Sales Corporation, an Indiana Corporation; Advanced Cardiovascular Systems, Inc., a/k/a Guidant Vascular Intervention, a California Corporation; and Cardiac Pacemakers, Inc., a/k/a Guidant Cardiac Rhythm Management, a Minnesota Corporation,

ORDER FOR DISMISSAL WITH PREJUDICE OF PLAINTIFFS
JUDY MATHIOWETZ AND PATRICIA WILKE

Defendants.

Case 0:06-cv-00943-DWF-SRN Document 63 Filed 06/05/07 Page 2 of 2

Cynthia Stange, Esq. and Frank T. Mabley, Esq., Greenstein Mobley & Wall; Patricia V. Pierce, Esq., Wood R. Foster, Esq., Jordan M. Lewis, Esq., and Jay B. Streitz, Esq., Siegel Brill, Greupner, Duffy & Foster, P.A., counsel for Plaintiffs.
Daniel G. Prokott, Esq., Holly M. Robbins, Esq., and Jerry W. Snider, Esq., Faegre & Benson, LLP, counsel for Defendants.

Pursuant to the parties’ Stipulation for Dismissal With Prejudice (Doc. No. 62),

IT IS HEREBY ORDERED that:

1. Plaintiffs Judy Mathiowetz and Patricia Wilke are hereby DISMISSED

WITH PREJUDICE in the above-entitled matter.

2. Each party is to bear its own costs and attorney fees.

LET JUDGMENT BE ENTERED ACCORDINGLY AS TO PLAINTIFFS

JUDY MATHIOWETZ AND PATRICIA WILKE ONLY.

Dated: June 5, 2007

s/Donovan W. Frank DONOVAN W. FRANK Judge of United States District Court

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 Case 0:06-cv-00943-DWF-SRN Document 101 Filed 09/28/07 Page 1 of 9

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Joseph Pagliolo, Debra Anderson, Robert Avery, Brian Bowen, Hannelore Brandner, Vicki Brotzel, Greg Cardoza, Bruce Cerwin, William Colby-Newton, James Craig, George Crunkleton, Thomas Davis, Tracy Davis, Daniel Dewar, Antonio Duarte, Robert Esselstein, Dale B. Evans, Dale M. Evans, Kim Farmer, Linda Gregerson, John Hayes, Michael Horton, Robert Hughes, Beverly Johnson, Craig Johnson, Monica Joynt, Patrick Kelley, Urania Lima, Stuart Lindenberger, Curt Lindstrom, Henry Luber, Lori Lynch, Frank Malenowski, Jr., Kenneth Malmstedt, Theodore Melzer, Edward Milner, Jr., Kathleen Mischke, Thomas Morin, Robert Odland, Janis Olson, Timothy Owens, Roy Pendley, Eric Penn, Maurice Ranasinghe, Yvonne Rickabaugh, Lynn Robeck, John Anthony Saldana, Shahin Sarkissian, Sylvia Sieferman, Robert Thurston, Armando Torrez, Jeri Troiden, Frank Trojan, Theresa Vimr, Ted Wardein, Donald Wells, David White, Jeanine Yates, and James Yost, for and on behalf of themselves and other persons similarly situated,

Civil No. 06-943 (DWF/SRN)

Plaintiffs,

v.
Guidant Corporation, an Indiana Corporation; Guidant Endovascular Solutions, Inc., an Indiana Corporation; Guidant Sales Corporation, an Indiana Corporation; Advanced Cardiovascular Systems, Inc., a/k/a Guidant Vascular Intervention, a California Corporation; and Cardiac Pacemakers, Inc., a/k/a Guidant Cardiac Rhythm Management, a Minnesota Corporation,

MEMORANDUM OPINION AND ORDER

Defendants;

and

Case 0:06-cv-00943-DWF-SRN Document 101 Filed 09/28/07 Page 2 of 9

Guidant Corporation, an Indiana Corporation; Guidant Endovascular Solutions, Inc., an Indiana Corporation; Guidant Sales Corporation, an Indiana Corporation; Advanced Cardiovascular Systems, Inc., a California Corporation; and Cardiac Pacemakers, Inc., a Minnesota Corporation,

Counter-Claim

ants,

v.

Dale M. Evans, Kim Farmer, Linda Gregerson, John Hayes, Michael Horton, Robert Hughes, Beverly Johnson, Craig Johnson, Robert Avery, Monica Joynt, Patrick Kelley, Urania Lima, Stuart Lindenberger, Curt Lindstrom, Henry Luber, Lori Lynch, Frank Malenowski, Jr., Kenneth Malmstedt, Brian Bowen, Theodore Melzer, Edward Milner, Jr., Kathleen Mischke, Thomas Morin, Robert Oldand, Janis Olson, Timothy Owens, Roy Pendley, Eric Penn, Maurice Ranasinghe, Hannelore Brandner, Yvonne Rickabaugh, Lynn Robeck, John Anthony Saldana, Shahin Sarkissian, Sylvia Sieferman, Robert Thurston, Armando Torrrez, Jeri Troiden, Frank Trojan, Theresa Vimr, Vicki Brotzel, Ted Wardein, Donald Wells, David White, Jeanine Yates, James Yost, and other persons similarly situated,

Counter-Defendants.

Cynthia Stange, Esq., and Frank T. Mabley, Esq., Greenstein Mobley & Wall; Patricia V. Pierce, Esq., Willig, Williams & Davidson; Wood R. Foster, Esq., and Jordan M. Lewis, Esq., Siegel Brill, Greupner, Duffy & Foster, P.A.; and Stephen J. Snyder, Esq., Snyder & Snyder, PA, counsel for Plaintiffs and Counter-Defendants.

Daniel G. Prokott, Esq., Holly M. Robbins, Esq., Jerry W. Snider, Esq., Joel P. Schroeder, Esq., and Aaron D. Van Oort, Esq., Faegre & Benson, LLP; and James W. Nagle, Esq., and Leslie S. Blickenstaff, Esq., Goodwin Procter LLP, counsel for Defendants and Counter-Claimants.

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INTRODUCTION This matter came before the Court on August 30, 2007, pursuant to Plaintiffs’ Motion to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals. For the reasons set forth below, Plaintiffs’ Motion is granted.
BACKGROUND The general facts related to this matter are fully set forth in the Court’s Order dated April 4, 2007 (the “April 4, 2007 Order”), and are herein incorporated by reference. Here, Plaintiffs seek the Court’s permission to send notice to all former Guidant employees who were terminated along with the named Plaintiffs in the Reduction in Force conducted by Guidant that took place in August 2004 (the “August 2004 RIF”). Specifically, Plaintiffs seek to conditionally certify the following class: All persons who were in fact terminated by Guidant following receipt of notice of termination between July 27, 2004 and August 13, 2004, and who were 40 years of age or more on their last official day of employment. Pls.’ Reply Mem. in Supp. of Mot. for Conditional Certification and Mailing of Notice to Similarly Situated Individuals (“Pls.’ Reply Mem.”) at 3. Defendants oppose Plaintiffs’ motion. Primarily, Defendants contend that this matter is not appropriate for conditional class certification because the members of the proposed conditional class are not “similarly situated” under the Fair Labor Standards Act (“FLSA”). Defendants specifically contend that the purported members of the action have different employment situations, different circumstances that led to their
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terminations, and dissimilar terminations. As a result, Defendants assert that any claims of the members of the proposed class cannot be decided collectively.
DISCUSSION Section 4 of the Age Discrimination in Employment Act of 1967 (“ADEA”) forbids age discrimination in employment. 29 U.S.C. § 623; see also HoffmannLaRouche, Inc. v. Sperling, 493 U.S. 165, 167 (1989). “Section 7(b) of the ADEA incorporates enforcement provisions of the [FLSA] [] 29 U.S. C. § 201, et seq. [], and provides that the ADEA shall be enforced using certain of the powers, remedies, and procedures of the FLSA.” Hoffmann-LaRouche, 493 U.S. at 167. At issue here is one of the FLSA provisions incorporated by the ADEA. The FLSA provides that an action may be maintained against any employer . . . in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. No employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought. 29 U.S.C. § 216(b) (emphasis supplied). Section 216(b) does not define “similarly situated,” and neither the United States Supreme Court nor the Eighth Circuit have offered guidance as to how a court should determine whether the representative plaintiffs are “similarly situated” to the putative plaintiffs. Typically, courts employ a two-step inquiry to determine whether plaintiffs are “similarly situated” for purposes of certification of a collective action under the FLSA.
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In the first stage, the court determines whether the class should be conditionally certified for notification and discovery purposes. See Kalish v. High Tech Institute, Inc., 2005 WL 1073645 at *1 (D. Minn., April 22, 2005). Conditional certification requires “nothing more than substantial allegations that the putative class members were together the victims of a single decision, policy, or plan.” Id. (quoting Thiessen v. Gen. Elec. Capital Corp., 267 F.3d 1095, 1102 (10th Cir. 2001)). The plaintiffs must demonstrate some factual basis beyond the mere averments in their complaint to support their claim. Severtson v. Phillips Beverage Co., 141 F.R.D. 276, 278-79 (D. Minn. 1992).
The second stage occurs after discovery is completed, at which point the court uses a stricter standard to determine whether the plaintiffs are similarly situated and whether the trial should proceed collectively. Kalish, 2005 WL 1073645 at *2. Specifically, the court considers: (1) the extent and consequence of disparate factual and employment settings of the individual plaintiffs; (2) the various defenses available to the defendant which appear to be individual to each plaintiff; and (3) fairness and procedural considerations. See Thiessen, 267 F.3d at 1102-03.
Here, Plaintiffs seek the Court’s permission to send notice to all former Guidant employees who were terminated along with the named Plaintiffs in the August 2004 RIF. In support of their motion, Plaintiffs contend that of the 527 employees who were terminated as part of the August 2004 RIF, 366 of these employees were age 40 or older. Plaintiffs assert that this statistic, coupled with additional statistics related to Guidant’s past terminations, demonstrate a steadily increasing percentage of terminations as a
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function of age. These statistics are reflected in an affidavit submitted by Plaintiff Joseph Pagliolo (the “Pagliolo Affidavit”). Plaintiffs contend that these statistics support a prima facie case of the disparate impact of the August 2004 RIF, as well as a pattern and practice of age discrimination by Guidant.
In response, Guidant contends that this case is not appropriate for conditional certification because the proposed members of the action are not similarly situated under the FLSA. Guidant does not take issue with the two-step certification process; rather, Guidant contends that Plaintiffs have not met their burden of showing that the characteristics common to the proposed class of participants in this action have a greater significance at trial than the unique facts and circumstances of each individual. Thus, Guidant contends that any trial will have to proceed on a case-by-case basis.
In support of its position, Guidant first asserts that each of the proposed participants is unique because these former employees had different job duties, reported to different supervisors, and worked in different businesses in different geographical locations. In addition, the ages and lengths of service of the former employees were different, as were their salaries. Second, Guidant contends that the proposed participants were not subject to a single policy that was allegedly discriminatory. Rather, Guidant asserts that each of the proposed participants was selected for the August 2004 RIF based on reasons specific to each person and the individual department for which each person worked. Specifically, Guidant asserts that although the August 2004 RIF was overseen by a team of human resources vice presidents and senior managers, the individual
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business units selected which of their employees would be subject to the August 2004 RIF. Thus, Guidant contends that the oversight team played no role in the selection process.
In addition, Guidant challenges the means by which Plaintiffs have submitted evidence in support of their motion. Guidant asserts that Plaintiffs’ factual evidence, consisting of the Pagliolo Affidavit and various interrogatory answers, is insufficient to demonstrate that the potential participants are similarly situated. Guidant contends that the gross statistics submitted by Plaintiffs lack specificity and are meaningless to show that the proposed participants are similarly situated. Further, Guidant asserts that the gross statistics do not support an inference of age discrimination. As a result, Guidant maintains that Plaintiffs have not met their burden of showing that conditional certification is appropriate.
Finally, Guidant asserts that the proposed participants are not similarly situated because they were not subject to a centralized decision, policy, or plan. Guidant contends that Guidant expressly prohibited age from being considered when selecting individuals who would be laid off. In addition, Guidant asserts that the August 2004 RIF was implemented in a decentralized manner, by managers at different levels and in different business units. Guidant asserts that this decentralized approach precludes conditional certification.
On the facts at issue here, the Court finds that Plaintiffs have met their relatively minimal burden of establishing that conditional certification is appropriate. The Court
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finds that Guidant’s references to FLSA cases such as West v. Border Foods, Inc., Civ. 05-2525, No. 05-2525, 2006 WL 1892527 (D. Minn. July 10, 2006), and Ray v. Motel 6 Operating, LP, Civ. No. 95-328, 1996 U.S. Dist. Lexis 22565 (D. Minn. Feb. 15, 1996), are not persuasive. First, both of those cases analyzed a conditional certification issue in an FLSA case. And as noted in Ray, this distinguished the case from one involving “a remedial statute, such as the ADEA, which encourages class action litigation to prove discriminatory plans.” Ray, 1996 U.S. Dist. Lexis 22565 at *11-12. In addition, in West, the conditional certification motion took place after some discovery had occurred. Thus, these cases are distinct.
Here, the facts provided by Plaintiffs, in the form of the Pagliolo Affidavit and the interrogatory answers, are sufficient to support conditional certification of Plaintiffs’ disparate impact and pattern or practice claims of age discrimination. Facially, Plaintiffs have demonstrated a pattern based on their preliminary statistical analysis that comes directly from Guidant’s figures. Guidant’s arguments against certification are better suited for the second step in the certification process.
In deciding that Plaintiffs have met their minimal burden of establishing that this case is appropriate for conditional certification, the Court does not reach or make any prediction as to the merit of Plaintiffs’ claims. Yet given the uncertain outcome of the claims and also the extensive, expensive discovery that is likely to occur as a result of this Order, the Court recognizes that the parties may wish to engage in early settlement discussions in order to avoid the costs of such protracted litigation. It strikes the Court
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that it may be in the parties’ best interests to do so. Thus, if the parties wish, the parties may contact Beverly Riches, Calendar Clerk to Magistrate Judge Susan Richard Nelson at (612) 664-5490, to schedule an early settlement conference.
Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiffs’ Motion Motion to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals (Doc. No. 66) is GRANTED. 2. A class is hereby conditionally certified in this collective action, consisting of all persons who were in fact terminated by Guidant following receipt of notice of termination between July 27, 2004, and August 13, 2004, and who were 40 years of age or more on their last official day of employment. 3. Defendants shall deliver to Plaintiffs’ counsel a list of each employee who was in fact terminated by Guidant following receipt of notice of termination between July 27, 2004 and August 13, 2004, and who was 40 years of age or more on their last official day of employment. 4. The Court approves the form of notice attached to this Order as “Exhibit A,” unless the parties stipulate otherwise.

Dated: September 28, 2007 DONOVAN Judge

s/Donovan W. Frank W. FRANK
of United States District Court

9

 
 Case 0:06-cv-00943-DWF-SRN Document 185 Filed 12/23/08 Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Joseph Pagliolo, et al., for and on behalf of themselves and other persons similarly situated,
Plaintiffs,
v.
Guidant Corporation, an Indiana Corporation, et al.,
Defendants.

Civil No. 06-943 (DWF/SRN)
ORDER OF DISMISSAL WITH PREJUDICE

Pursuant to stipulation of the parties (Doc. No. 184), the Court hereby orders that all claims of all Plaintiffs in this case are DISMISSED WITH PREJUDICE, without an award of fees, costs or disbursements to any party.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: December 23, 2008

s/Donovan W. Frank DONOVAN W. FRANK Judge of United States District Court

 
 Case 0:06-cv-00943-DWF-SRN Document 186 Filed 12/24/08 Page 1 of 2
OAO450 (Rev. 5/85) Judgment in a Civil Case
UNITED STATES DISTRICT COURT
District of Minnesota

Joseph Pagliolo, Debra Anderson, Robert Avery, Brian Bowen, Hannelore Brandner, Vicki Brotzel, Greg Cardoza, Bruce Cerwin, William Colby-Newton, James Craig, George Crunkleton, Thomas Davis, Tracy Davis, Daniel Dewar, Antonio Duarte, Robert Esselstein, Dale B. Evans, Dale M. Evans, Kim Farmer, The Estate of Linda Gregerson, John Hayes, Michael Horton, Robert Hughes, Beverly Johnson, Craig Johnson, Monica Joynt, Patrick Kelley, Urania Lima, Stuart Lindenberger, Curt Lindstrom, Henry Luber, Lori Lynch, Frank Malenowski, Jr., Kenneth Malmstedt, Theodore Melzer, Edward Milner, Jr., Kathleen Mischke, Thomas Morin, Robert Odland, Janis Olson, Timothy Owens, Roy Pendley, Eric Penn, Maurice Ranasinghe, Yvonne Rickabaugh, Lynn Robeck, John Anthony Saldana, Shahin Sarkissian, Sylvia Sieferman, Robert Thurston, Armando Torrez, Jeri Troiden, Frank Trojan, Theresa Vimr, Ted Wardein, Donald Wells, David White, Jeanine Yates, James Yost, Jeanne Lemke, Robert Ainsworth, Jane Ambrose, Edith Anderson, Rebecca Arnold, Delma Blankenship, Peter Blomberg, Larry Burtt, Karen Coker, Ralph Colon, Anthony Curro, Thomas Curtis, George Durgin, Salwa ElSoury, Mike Ghazal, Richard Goebbel, Diane Grimstead, Benjamin Hall, George Hand, Erica Harzewski, David Koepp, Wilma Kovacs, Gary Lee, Tom Madsen, Mary Beth Michaels, Hien Nguyen, Pete Noriega, David Odland, Michael Otis, Susan Pereira, Margaret Perez, Sonnia Peters, Rebecca Reagan, Roger Rolbiecki, Mary Lee Romuald, Mark Sakrison, Harold Sandifer, Joseph Saturnio, Marina Sievers, David Soto, Hank Torres, Olga Vazquez, John Whatley, Stanley Wojtusik, Jr., Sharon Wolpert
V.
Guidant Corporation, Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc.

JUDGMENT IN A CIVIL CASE
Case Number: 06-cv-943 DWF/SRN

Form Modified: 09/16/04

Case 0:06-cv-00943-DWF-SRN Document 186 Filed 12/24/08 Page 2 of 2

Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.

X Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

IT IS ORDERED AND ADJUDGED THAT: all claims of all Plaintiffs in this case are DISMISSED WITH PREJUDICE, without an award of fees, costs or disbursements to any party.

December 24, 2008
Date

RICHARD D. SLETTEN, CLERK

s/Katie Thompson

(By)

Katie Thompson, Deputy Clerk

Form Modified: 09/16/04

 
 Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 1 of 147
CLOSED, CV, PHV, PROTO
U.S. District Court District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:06−cv−00943−DWF−SRN

Pagliolo et al v. Guidant Corporation et al Assigned to: Judge Donovan W. Frank Referred to: Magistrate Judge Susan R. Nelson Cause: 29:621 Job Discrimination (Age)
Plaintiff
Joseph Pagliolo on behalf of themselves and other persons similarly situated

Date Filed: 03/01/2006 Date Terminated: 01/05/2009 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question
represented by Charles N Nauen Lockridge Grindal Nauen P.L.L.P. 100 Washington Avenue South Suite 2200 Minneapolis, MN 55401 612−339−6900 Fax: 612−339−0981 Email: cnnauen@locklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia Stange Attorney at Law 1970 Oakcrest Ave Ste 217 Roseville, MN 55113 651−636−0408 Fax: 651−636−9600 Email: cynthia@stangelaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Leishman Lockridge Grindal Nauen PLLP 100 Washington Ave S Ste 2200 Mpls, MN 55401−2179 612−339−6900 Fax: 612−339−0981 Email: ddleishman@locklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley Greenstein Mabley &Wall 217 Roseville Office Plaza 1970 Oakcrest Ave. Roseville, MN 55113−2624 651−636−7696 Fax: 651−636−9600 Email: fmabley@gmwlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz West Law School Publishing 610 Opperman Dr INACTIVE Eagan, MN 55123 651−848−9410 Email: jay.streitz@thomson.com TERMINATED: 06/12/2007 LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN

As of: 07/27/2010 03:27 PM CDT 2 of 147
ATTORNEY TO BE NOTICED
Jordan M Lewis Siegel Brill Greupner Duffy &Foster, PA 1300 Washington Square 100 Washington Avenue South Minneapolis, MN 55401 612−337−6100 Fax: 612−339−6591 Email: jordanlewis@sbgdf.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce Willig, Williams &Davidson 1845 Walnut St 24th Fl Philadelphia, PA 19103 215−656−3673 Email: ppierce@wwdlaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin Law Office of Robert P Karwin 29800 Bradley Rd Ste 103 Sun City, CA 92586 951−672−1641 Email: rkarwin@karwinlaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit Lockridge Grindal Nauen PLLP 100 Washington Ave S Ste 2200 Mpls, MN 55401 (612) 339−6900 Fax: (612) 339−0981 Email: rjschmit@locklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis Siegel, Brill, Greupner, Duffy &Foster, PA 100 Washington Ave S Ste 1300 Minneapolis, MN 55401 612−337−6128 Fax: 612−339−6591 Email: sarakalis@sbgdf.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler Lockridge Grindal Nauen PLLP 100 Washington Ave S Ste 2200 Mpls, MN 55401−2179 612−339−6900 Fax: 612−339−0981 Email: wagengler@locklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. Siegel Brill Greupner Duffy &Foster, PA

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 3 of 147

100 Washington Ave S Ste 1300 Mpls, MN 55401 612−337−6100 Fax: 612−339−6591 Email: woodfoster@sbgdf.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder Snyder &Snyder, P.A. 100 South Fifth Street Suite 410 Minneapolis, MN 55402 612−787−3101 Fax: 612−333−9116 Email: stephen.snyder@snyderattorneys.com TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Debra Anderson on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

Robert J Schmit

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 4 of 147

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Robert Avery on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Robert P Karwin (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 5 of 147

LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Brian Bowen on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia V Pierce (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 6 of 147

PRO HAC VICE ATTORNEY TO BE NOTICED

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Hannelore Brandner on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN
Plaintiff Vicki Brotzel

As of: 07/27/2010 03:27 PM CDT 7 of 147
ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 8 of 147

ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Greg Cardoza on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 9 of 147

Plaintiff
Bruce Cerwin on behalf of themselves and other persons similarly situated

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 10 of 147

Plaintiff William Colby−Newton

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 11 of 147

Plaintiff
James Craig on behalf of themselves and other persons similarly situated

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 12 of 147

Plaintiff

Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 13 of 147

George Crunkleton on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 14 of 147

TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Thomas Davis on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 15 of 147

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Tracy Davis on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 16 of 147

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Daniel Dewar on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 17 of 147

LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Antonio Duarte on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

Robert J Schmit (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 18 of 147

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Robert Esselstein on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Robert P Karwin (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 19 of 147

PRO HAC VICE ATTORNEY TO BE NOTICED

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Dale B. Evans on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 20 of 147

ATTORNEY TO BE NOTICED

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Dale M. Evans on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 21 of 147

Plaintiff
Kim Farmer on behalf of themselves and other persons similarly situated

Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 22 of 147

Plaintiff
Estate of Linda Gregerson, The for and on behalf of themselves and other persons similarly situated

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 23 of 147

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
John Hayes on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 24 of 147

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Michael Horton on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 25 of 147

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Robert Hughes on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN Plaintiff

As of: 07/27/2010 03:27 PM CDT 26 of 147
Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 27 of 147

Beverly Johnson on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 28 of 147

TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Craig Johnson on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 29 of 147

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Monica Joynt on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 30 of 147

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Patrick Kelley on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 31 of 147

LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Urania Lima for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

Robert J Schmit (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 32 of 147

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Stuart Lindenberger for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Robert P Karwin (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 33 of 147

PRO HAC VICE ATTORNEY TO BE NOTICED

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Curt Lindstrom for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 34 of 147

ATTORNEY TO BE NOTICED

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Henry Luber for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 35 of 147

Plaintiff
Lori Lynch for and on behalf of themselves and other persons similarly situated

Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 36 of 147

Plaintiff
Frank Malenowski, Jr. for and on behalf of themselves and other persons similarly situated

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 37 of 147

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Kenneth Malmstedt for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN
Plaintiff Judy Mathiowetz TERMINATED: 06/05/2007

As of: 07/27/2010 03:27 PM CDT 38 of 147
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 39 of 147

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Theodore Melzer for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz

Case: 0:06-cv-00943-DWF-SRN
Plaintiff Edward Milner, Jr.

As of: 07/27/2010 03:27 PM CDT 40 of 147
(See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley

Case: 0:06-cv-00943-DWF-SRN
Plaintiff Kathleen Mischke

As of: 07/27/2010 03:27 PM CDT 41 of 147
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Leishman

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 42 of 147

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

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Thomas Morin for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cynthia Stange

Case: 0:06-cv-00943-DWF-SRN Plaintiff

As of: 07/27/2010 03:27 PM CDT 43 of 147
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
represented by

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 44 of 147

Robert Odland for and on behalf of themselves and other persons similarly situated

Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 45 of 147

TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Janis Olson for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 46 of 147

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Timothy Owens for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 47 of 147

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Roy Pendley for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 48 of 147

LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Eric Penn for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

Robert J Schmit (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 49 of 147

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Maurice Ranasinghe for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Robert P Karwin (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 50 of 147

PRO HAC VICE ATTORNEY TO BE NOTICED

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Yvonne Rickabaugh for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 51 of 147

ATTORNEY TO BE NOTICED

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Lynn Robeck for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 52 of 147

Plaintiff
John Anthony Saldana for and on behalf of themselves and other persons similarly situated

Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 53 of 147

Plaintiff
Shahin Sarkissian for and on behalf of themselves and other persons similarly situated

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 54 of 147

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Sylvia Sieferman for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 55 of 147

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Robert Thurston for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 56 of 147

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Armando Torrez for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN Plaintiff

As of: 07/27/2010 03:27 PM CDT 57 of 147
Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 58 of 147

Jeri Troiden for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 59 of 147

TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Frank Trojan for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address)

Case: 0:06-cv-00943-DWF-SRN
Plaintiff Theresa Vimr

As of: 07/27/2010 03:27 PM CDT 60 of 147
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address)

Case: 0:06-cv-00943-DWF-SRN
Plaintiff Ted Wardein

As of: 07/27/2010 03:27 PM CDT 61 of 147
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 62 of 147

LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Donald Wells for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

Robert J Schmit (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 63 of 147

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
David White for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Robert P Karwin (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN
Plaintiff Patricia Wilke TERMINATED: 06/05/2007

As of: 07/27/2010 03:27 PM CDT 64 of 147
PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 65 of 147

ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
Jeanine Yates for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

Robert J Schmit (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 66 of 147

ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Plaintiff
James Yost for and on behalf of themselves and other persons similarly situated

represented by Charles N Nauen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

David D Leishman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE

Case: 0:06-cv-00943-DWF-SRN
Plaintiff Michael Paris TERMINATED: 11/19/2008
Plaintiff Jeanne Lemke

As of: 07/27/2010 03:27 PM CDT 67 of 147
ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
represented by Julianne M Markiewicz Markiewicz Law Office, P.A. 2214 Fifth St., Suite 5 White Bear Lake, MN 55110 651−653−4004 Fax: 651−653−4455 Email: marklaw@pro−ns.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrea R Ostapowich Bertelson Law Offices, PA 333 Washington Ave N Ste 402 Mpls, MN 55401 612−278−9832 Fax: 612−340−0190 Email: andrea@bertelsonlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth E Bertelson Bertelson Law Offices, PA 333 Washington Ave N Ste 402 Mpls, MN 55401

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 68 of 147

612−278−9832 Fax: 612−340−0190 Email: beth@bertelsonlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Plaintiff
Robert Ainsworth on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Jane Ambrose on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Edith Anderson on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

represented by

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 69 of 147

Rebecca Arnold on behalf of themselves and other persons similarly situated

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Delma Blankenship on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Peter Blomberg on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Larry Burtt on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 70 of 147

Plaintiff Karen Coker on behalf of themselves and other persons similarly situated
Plaintiff Ralph Colon on behalf of themselves and other persons similarly situated
Plaintiff Anthony Curro on behalf of themselves and other persons similarly situated
Plaintiff Thomas Curtis on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 71 of 147

ATTORNEY TO BE NOTICED

Plaintiff
George Durgin on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Salwa El−Soury on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Mike Ghazal on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Richard Goebbel on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr.

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 72 of 147

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

Plaintiff
Diane Grinstead on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Benjamin Hall on behalf of themselves and other persons similarly situated

represented by Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff
George Hand on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Erica Harzewski on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
David Koepp on behalf of themselves and other persons

represented by Jordan M Lewis (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 73 of 147

similarly situated

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Wilma Kovacs on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Gary Lee on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Tom Madsen on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 74 of 147

Mary Beth Michaels on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Hien Nguyen on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Pete Noriega on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
David Odland on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 75 of 147

Plaintiff Michael Otis on behalf of themselves and other persons similarly situated
Plaintiff Susan Pereira on behalf of themselves and other persons similarly situated
Plaintiff Margaret Perez on behalf of themselves and other persons similarly situated
Plaintiff Sonnia Peters on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 76 of 147

ATTORNEY TO BE NOTICED

Plaintiff
Rebecca Reagan on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Roger Rolbiecki on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Mary Lee Romuald on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Mark Sakrison on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr.

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 77 of 147

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

Plaintiff
Harold Sandifer on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Joseph Saturnio on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Marina Sievers on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
David Soto on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 78 of 147

Plaintiff Hank Torres on behalf of themselves and other persons similarly situated
Plaintiff Olga Vazquez on behalf of themselves and other persons similarly situated
Plaintiff John Whatley on behalf of themselves and other persons similarly situated
Plaintiff Stanley Wojtusik, Jr. on behalf of themselves and other persons similarly situated

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara B Kalis (See above for address)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 79 of 147

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Sharon Wolpert on behalf of themselves and other persons similarly situated

represented by Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara B Kalis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Guidant Corporation an Indiana Corporation

represented by Adrianne C Mazura DLA Piper 203 N LaSalle St Ste 1900 Chicago, IL 60601−1293 312−368−4000 Email: adrianne.mazura@dlapiper.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin J Wyatt Goodwin Procter LLP 53 State St Boston, MA 02109 617−570−1989 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Beth A Norton Goodwin Procter LLP 53 State St Boston, MA 02109−2881 617−570−8179 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Brian A Hartstein DLA Piper 203 N LaSalle St Ste 1900 Chicago, IL 60601−1293 312−368−3964 Email: brian.hartstein@dlapiper.com LEAD ATTORNEY PRO HAC VICE

Case: 0:06-cv-00943-DWF-SRN

As of: 07/27/2010 03:27 PM CDT 80 of 147
ATTORNEY TO BE NOTICED
Heidi Goldstein Shepherd Goodwin Procter LLP 53 State St Boston, MA 02109 617−570−8189 Email: hshepherd@goodwinprocter.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Holly M Robbins Littler Mendelson, PC 80 S 8th St Ste 1300 Mpls, MN 55402−2136 612−313−7631 Fax: 612−630−9626 Email: HRobbins@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
James W Nagle Goodwin Procter LLP 53 State St Boston, MA 02109−2881 617−570−1233 Email: jnagle@goodwinprocter.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jerry W Snider Faegre &Benson LLP 90 S 7th St Ste 2200 Mpls, MN 55402−3901 612−766−7816 Fax: 612−766−1600 Email: jsnider@faegre.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laura E Rosenbaum Goodwin Procter LLP Exchange Place 53 State St Boston, MA 02109−2881 617−570−1912 Email: lrosenbaum@goodwinprocter.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Leslie S Blickenstaff Goodwin Procter LLP 53 State St Boston, MA 02109 617−570−1736 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Tonya M Cross DLA Piper 401 B St Ste 1700

Case: 0:06-cv-00943-DWF-SRN
Defendant Guidant Endovascular Solutions, Inc. an Indiana corporation TERMINATED: 12/09/2008

As of: 07/27/2010 03:27 PM CDT 81 of 147
San Diego, CA 92101−4297 619−699−3548 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Aaron D Van Oort Faegre &Benson LLP 90 S 7th St Ste 2200 Mpls, MN 55402−3901 612−766−7000 Fax: 612−766−1600 Email: avanoort@faegre.com ATTORNEY TO BE NOTICED
Daniel G Prokott Faegre &Benson LLP 90 S 7th St Ste 2200 Mpls, MN 55402−3901 612−766−7000 Fax: 612−766−1600 Email: dprokott@faegre.com ATTORNEY TO BE NOTICED
Joel P Schroeder Faegre &Benson LLP 90 S 7th St Ste 2200 Mpls, MN 55402−3901 612−766−8860 Fax: 612−766−1600 Email: jschroeder@faegre.com ATTORNEY TO BE NOTICED
represented by Adrianne C Mazura (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Brian A Hartstein (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Heidi Goldstein Shepherd (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Holly M Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jerry W Snider (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nora R Culver DLA Piper

Case: 0:06-cv-00943-DWF-SRN
Defendant Guidant Sales Corporation an Indiana corporation

As of: 07/27/2010 03:27 PM CDT 82 of 147
2000 University Ave East Palo Alto, CA 94303−2214 650−833−2173 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Tonya M Cross (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Aaron D Van Oort (See above for address) ATTORNEY TO BE NOTICED
Daniel G Prokott (See above for address) ATTORNEY TO BE NOTICED
Joel P Schroeder (See above for address) ATTORNEY TO BE NOTICED
represented by Benjamin J Wyatt (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Beth A Norton (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Heidi Goldstein Shepherd (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Holly M Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James W Nagle (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jerry W Snider (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laura E Rosenbaum (See above for address) LEAD ATTORNEY PRO HAC VICE

Case: 0:06-cv-00943-DWF-SRN
Defendant Advanced Cardiovascular Systems, Inc. a California corporation also known as Guidant Vascular Intervention

As of: 07/27/2010 03:27 PM CDT 83 of 147
ATTORNEY TO BE NOTICED
Leslie S Blickenstaff (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Aaron D Van Oort (See above for address) ATTORNEY TO BE NOTICED
Daniel G Prokott (See above for address) ATTORNEY TO BE NOTICED
Joel P Schroeder (See above for address) ATTORNEY TO BE NOTICED
represented by Adrianne C Mazura (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Brian A Hartstein (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Heidi Goldstein Shepherd (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Holly M Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jerry W Snider (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nora R Culver (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Tonya M Cross (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Aaron D Van Oort (See above for address) ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 84 of 147

Defendant
Cardiac Pacemakers, Inc. a Minnesota corporation also known as Guidant Cardiac Rhythm Management

Daniel G Prokott (See above for address) ATTORNEY TO BE NOTICED
Joel P Schroeder (See above for address) ATTORNEY TO BE NOTICED
represented by Benjamin J Wyatt (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Beth A Norton (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Heidi Goldstein Shepherd (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Holly M Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James W Nagle (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jerry W Snider (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laura E Rosenbaum (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Leslie S Blickenstaff (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Aaron D Van Oort (See above for address) ATTORNEY TO BE NOTICED
Daniel G Prokott (See above for address) ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN
Counter Claimant Guidant Corporation an Indiana Corporation

As of: 07/27/2010 03:27 PM CDT 85 of 147
Joel P Schroeder (See above for address) ATTORNEY TO BE NOTICED
represented by Adrianne C Mazura (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin J Wyatt (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Beth A Norton (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Brian A Hartstein (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Daniel G Prokott (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Heidi Goldstein Shepherd (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Holly M Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James W Nagle (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jerry W Snider (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laura E Rosenbaum (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Leslie S Blickenstaff (See above for address)

Case: 0:06-cv-00943-DWF-SRN
Counter Claimant Guidant Endovascular Solutions, Inc. an Indiana corporation TERMINATED: 12/09/2008

As of: 07/27/2010 03:27 PM CDT 86 of 147
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Tonya M Cross (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Joel P Schroeder (See above for address) ATTORNEY TO BE NOTICED
represented by Adrianne C Mazura (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Brian A Hartstein (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Daniel G Prokott (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Heidi Goldstein Shepherd (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Holly M Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jerry W Snider (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nora R Culver (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Tonya M Cross (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Joel P Schroeder (See above for address) ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN Counter Claimant Guidant Sales Corporation an Indiana corporation
Counter Claimant Advanced Cardiovascular Systems, Inc. a California corporation

As of: 07/27/2010 03:27 PM CDT 87 of 147
represented by Benjamin J Wyatt (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Beth A Norton (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Daniel G Prokott (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Heidi Goldstein Shepherd (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Holly M Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James W Nagle (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jerry W Snider (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laura E Rosenbaum (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Leslie S Blickenstaff (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Joel P Schroeder (See above for address) ATTORNEY TO BE NOTICED
represented by Adrianne C Mazura (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Brian A Hartstein

Case: 0:06-cv-00943-DWF-SRN
Counter Claimant Cardiac Pacemakers, Inc. a minnesota corporation

As of: 07/27/2010 03:27 PM CDT 88 of 147
(See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Daniel G Prokott (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Heidi Goldstein Shepherd (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Holly M Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jerry W Snider (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nora R Culver (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Tonya M Cross (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Joel P Schroeder (See above for address) ATTORNEY TO BE NOTICED
represented by Benjamin J Wyatt (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Beth A Norton (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Daniel G Prokott (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Heidi Goldstein Shepherd (See above for address) LEAD ATTORNEY PRO HAC VICE

Case: 0:06-cv-00943-DWF-SRN

As of: 07/27/2010 03:27 PM CDT 89 of 147
ATTORNEY TO BE NOTICED
Holly M Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James W Nagle (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jerry W Snider (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laura E Rosenbaum (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Leslie S Blickenstaff (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Joel P Schroeder (See above for address) ATTORNEY TO BE NOTICED

V. Counter Defendant Dale M. Evans

represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Kim Farmer

As of: 07/27/2010 03:27 PM CDT 90 of 147
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 91 of 147

Counter Defendant Estate of Linda Gregerson, The for and on behalf of themselves and other persons similarly situated
Counter Defendant John Hayes

Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Michael Horton

As of: 07/27/2010 03:27 PM CDT 92 of 147
ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address)

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Robert Hughes

As of: 07/27/2010 03:27 PM CDT 93 of 147
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN Counter Defendant Beverly Johnson
Counter Defendant Craig Johnson

As of: 07/27/2010 03:27 PM CDT 94 of 147
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 95 of 147

Counter Defendant Robert Avery

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Monica Joynt

As of: 07/27/2010 03:27 PM CDT 96 of 147
ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit

Case: 0:06-cv-00943-DWF-SRN Counter Defendant Patrick Kelley
Counter Defendant

As of: 07/27/2010 03:27 PM CDT 97 of 147
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN Urania Lima
Counter Defendant Stuart Lindenberger

As of: 07/27/2010 03:27 PM CDT 98 of 147
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 99 of 147

Counter Defendant Curt Lindstrom

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Henry Luber

As of: 07/27/2010 03:27 PM CDT 100 of 147
PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address)

Case: 0:06-cv-00943-DWF-SRN Counter Defendant Lori Lynch
Counter Defendant Frank Malenowski, Jr.

As of: 07/27/2010 03:27 PM CDT 101 of 147
LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Kenneth Malmstedt

As of: 07/27/2010 03:27 PM CDT 102 of 147
(See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 103 of 147

Counter Defendant Judy Mathiowetz TERMINATED: 06/05/2007
Counter Defendant Brian Bowen

Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Theodore Melzer

As of: 07/27/2010 03:27 PM CDT 104 of 147
ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address)

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Edward Milner, Jr.

As of: 07/27/2010 03:27 PM CDT 105 of 147
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN Counter Defendant Kathleen Mischke
Counter Defendant Thomas Morin

As of: 07/27/2010 03:27 PM CDT 106 of 147
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 107 of 147

Counter Defendant Robert Odland

Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Janis Olson

As of: 07/27/2010 03:27 PM CDT 108 of 147
ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit

Case: 0:06-cv-00943-DWF-SRN Counter Defendant Timothy Owens
Counter Defendant

As of: 07/27/2010 03:27 PM CDT 109 of 147
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN Roy Pendley
Counter Defendant Eric Penn

As of: 07/27/2010 03:27 PM CDT 110 of 147
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 111 of 147

Counter Defendant Maurice Ranasinghe

Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Hannelore Brandner

As of: 07/27/2010 03:27 PM CDT 112 of 147
PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address)

Case: 0:06-cv-00943-DWF-SRN Counter Defendant Yvonne Rickabaugh
Counter Defendant Lynn Robeck

As of: 07/27/2010 03:27 PM CDT 113 of 147
LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant John Anthony Saldana

As of: 07/27/2010 03:27 PM CDT 114 of 147
(See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 115 of 147

Counter Defendant Shahin Sarkissian

Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN Counter Defendant Sylvia Sieferman
Counter Defendant Robert Thurston

As of: 07/27/2010 03:27 PM CDT 116 of 147
ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address)

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Armando Torrez

As of: 07/27/2010 03:27 PM CDT 117 of 147
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Jeri Troiden

As of: 07/27/2010 03:27 PM CDT 118 of 147
(See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 119 of 147

Counter Defendant Frank Trojan
Counter Defendant Theresa Vimr

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Vicki Brotzel

As of: 07/27/2010 03:27 PM CDT 120 of 147
ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address)

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Ted Wardein

As of: 07/27/2010 03:27 PM CDT 121 of 147
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Donald Wells

As of: 07/27/2010 03:27 PM CDT 122 of 147
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN Counter Defendant David White
Counter Defendant Patricia Wilke TERMINATED: 06/05/2007

As of: 07/27/2010 03:27 PM CDT 123 of 147
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Jeanine Yates

As of: 07/27/2010 03:27 PM CDT 124 of 147
ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address)

Case: 0:06-cv-00943-DWF-SRN Counter Defendant James Yost and others similarly situated
Counter Defendant Greg Cardoza

As of: 07/27/2010 03:27 PM CDT 125 of 147
LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Bruce Cerwin

As of: 07/27/2010 03:27 PM CDT 126 of 147
(See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 127 of 147

Counter Defendant
William Colby−Newton on behalf of themselves and other persons similarly situated

Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN Counter Defendant James Craig
Counter Defendant George Crunkleton

As of: 07/27/2010 03:27 PM CDT 128 of 147
ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address)

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Thomas Davis

As of: 07/27/2010 03:27 PM CDT 129 of 147
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Tracy Davis

As of: 07/27/2010 03:27 PM CDT 130 of 147
(See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 131 of 147

Counter Defendant Daniel Dewar
Counter Defendant Antonio Duarte

William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Robert Esselstein

As of: 07/27/2010 03:27 PM CDT 132 of 147
ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address)

Case: 0:06-cv-00943-DWF-SRN
Counter Defendant Dale B. Evans

As of: 07/27/2010 03:27 PM CDT 133 of 147
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Stange (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T Mabley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jay B Streitz (See above for address) TERMINATED: 06/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan M Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia V Pierce (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert P Karwin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 0:06-cv-00943-DWF-SRN

As of: 07/27/2010 03:27 PM CDT 134 of 147
Robert J Schmit (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A Gengler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/01/2006
03/01/2006 04/05/2006
04/05/2006 04/06/2006
05/01/2006 05/01/2006
05/01/2006 05/02/2006

# Docket Text
1 COMPLAINT with Jury Demand against Defendants ( Filing fee $ 250 receipt number 4001647.) assigned to Judge Donovan W Frank per Civil Rights referred to Magistrate Judge Susan R Nelson , filed by Plaintiffs (Attachments: # 1 Exhibit 1−6# 2 Exhibit 7−8# 3 Exhibit 9 Part 1# 4 Exhibit 9 Part 2# 5 Exhibit 9 Part 3# 6 Exhibit 9 Part 4# 7 Civil Cover Sheet)(LPH) Modified on 7/21/2006 (MKC). (Entered: 03/02/2006)
Summons Issued as to Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc.. (LPH) (Entered: 03/02/2006)
2 ACKNOWLEDGEMENT OF SERVICE Executed as to 1 Complaint,,,,, of Plaintiff's Complaint Acknowledgement filed by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc.. (Prokott, Daniel) (Entered: 04/05/2006)
3 STIPULATION for Extension of Time to Answer Complaint 1 by all partiess (Prokott, Daniel) Modified on 7/21/2006 (mkc). (Entered: 04/05/2006)
4 ORDER re 3 Stipulation. Guidant Corporation answer due 5/1/2006; Guidant Endovascular Solutions, Inc. answer due 5/1/2006; Guidant Sales Corporation answer due 5/1/2006; Advanced Cardiovascular Systems, Inc. answer due 5/1/2006; Cardiac Pacemakers, Inc. answer due 5/1/2006. Signed by Magistrate Judge Susan R Nelson on 4/6/06. (JLB) (Entered: 04/06/2006)
5 ANSWER to Complaint, COUNTERCLAIM against Plaintiffs by Defendants.(Robbins, Holly) Modified on 7/21/2006 (mkc). (Entered: 05/01/2006)
6 RULE 7.1 DISCLOSURE STATEMENT by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. of 1. Boston Scientific Corporation; 2. Guidant Corporation; 3. Abbott Vascular, Inc. as corporate parent and/or publicly held company 1. Guidant Corporation; 2. Guidant Sales Corporation and Cardiac Pacemakers, Inc.; 3. Guidant Endovascular Solutions, Inc. and Advanced Cardiovascular Systems, Inc.. (Robbins, Holly) (Entered: 05/01/2006)
7 CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. re 6 Rule 7.1 − Disclosure Statement,,, 5 Answer to Complaint,,,,, Counterclaim,,,, (Robbins, Holly) (Entered: 05/01/2006)
8 NOTICE OF PRETRIAL CONFERENCE Rule 26 Meeting Report due by 6/5/2006. Pretrial Conference set for 6/15/2006 03:15 PM in Minneapolis − in Chambers Suite 9E before Magistrate Judge Susan R Nelson. Signed by Magistrate Judge Susan R Nelson on 5/2/06. (Attachments: # 1 Consent Form)(JLB) (Entered: 05/02/2006)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 135 of 147

05/24/2006 06/05/2006 06/15/2006 06/16/2006
12/12/2006 12/12/2006 12/12/2006 12/12/2006
12/12/2006 12/12/2006 12/12/2006 12/12/2006 12/12/2006 12/12/2006 12/12/2006
12/12/2006
01/08/2007

9 REPLY to Counterclaim by Joseph Pagliolo. (Attachments: # 1 Affidavit of Service)(Streitz, Jay) (Entered: 05/24/2006)
10 JOINT REPORT of Rule 26(f) Planning Meeting.(Prokott, Daniel) Modified on 7/21/2006 (MKC). (Entered: 06/05/2006)
11 Minute Entry for proceedings held before Magistrate Judge Susan R Nelson : Rule 16 Scheduling Conference held on 6/15/2006. (JLB) (Entered: 06/16/2006)
12 PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 9/1/2006. Discovery due by 11/1/2006. Motions (non−disp) due 11/15/2006. Motions (disp) due by 2/1/2007. Signed by Magistrate Judge Susan R Nelson on 6/16/06. (JLB) (Entered: 06/16/2006)
13 MOTION for Partial Summary Judgment ( Invalidity of Releases) by all Plaintiffs. (Attachments: # 1 Certificate of Service)(Foster, Wood) Modified text on 1/9/2007 (dch). (Entered: 12/12/2006)
14 NOTICE OF HEARING ON MOTION 13 MOTION for Partial Summary Judgment ( Invalidity of Releases): Motion Hearing set for 1/26/2007 11:00 AM before Judge Donovan W. Frank. (Foster, Wood) (Entered: 12/12/2006)
15 MEMORANDUM in Support re 13 MOTION for Partial Summary Judgment ( Invalidity of Releases) filed by all plaintiffs. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Foster, Wood) (Entered: 12/12/2006)
16 AFFIDAVIT of Wood R. Foster, Jr. in SUPPORT OF 13 MOTION for Partial Summary Judgment ( Invalidity of Releases) filed by all plaintiffs. (Attachments: # 1 Exhibit(s) 1 − Part 1# 2 Exhibit(s) 1 − Part 2# 3 Exhibit(s) 1 − Part 3# 4 Exhibit(s) 2−7# 5 Exhibit(s) 8−10# 6 Exhibit(s) 11−14# 7 Exhibit(s) 15−18# 8 Exhibit(s) 19−20# 9 Exhibit(s) 21 − Part 1# 10 Exhibit(s) 21 − Part 2# 11 Exhibit(s) 21 − Part 3# 12 Exhibit(s) 22−24)(Foster, Wood) (Entered: 12/12/2006)
17 MOTION for Summary Judgment by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc.. (Robbins, Holly) (Entered: 12/12/2006)
18 NOTICE OF HEARING ON MOTION 17 MOTION for Summary Judgment: Motion Hearing set for 1/26/2007 11:00 AM in St Paul − Courtroom 1 before Judge Donovan W. Frank. (Robbins, Holly) (Entered: 12/12/2006)
19 MEMORANDUM in Support re 17 MOTION for Summary Judgment filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Robbins, Holly) (Entered: 12/12/2006)
20 AFFIDAVIT of Mary Beth Conzett in SUPPORT OF 17 MOTION for Summary Judgment filed by all defendants. (Robbins, Holly) (Entered: 12/12/2006)
21 AFFIDAVIT of John Lapke in SUPPORT OF 17 MOTION for Summary Judgment filed by all defendants. (Robbins, Holly) (Entered: 12/12/2006)
22 EXHIBIT re 17 MOTION for Summary Judgment by all defendants filed by all defendants. (Attachments: # 1 Exhibit(s) Pages 1−193# 2 Exhibit(s) Pages 194−274)(Robbins, Holly) (Entered: 12/12/2006)
23 EXHIBIT re 17 MOTION for Summary Judgment (Continuation of Docket #22) by all defendants filed by all defendants. (Attachments: # 1 Exhibit(s) Pages 339−373# 2 Exhibit(s) Pages 374−402# 3 Exhibit(s) Pages 403−427)(Robbins, Holly) (Entered: 12/12/2006)
24 CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. Relates to Docket entries 17−23 (Robbins, Holly) (Entered: 12/12/2006)
25 MEMORANDUM in Opposition re 17 MOTION for Summary Judgment filed by all plaintiffs. (Foster, Wood) (Entered: 01/08/2007)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 136 of 147

01/08/2007 01/08/2007 01/08/2007 01/08/2007 01/08/2007 01/08/2007 01/08/2007 01/08/2007 01/08/2007
01/16/2007 01/16/2007 01/16/2007 01/16/2007 01/16/2007 01/18/2007 01/18/2007

26 LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by all plaintiffs re 25 Memorandum in Opposition to Motion filed by all plaintiffs. (Foster, Wood) (Entered: 01/08/2007)
27 AFFIDAVIT of Wood R. Foster, Jr. in OPPOSITION TO 17 MOTION for Summary Judgment filed by all plaintiffs. (Attachments: # 1 Exhibit(s) Attachment 25−31# 2 Exhibit(s) Attachments 32−33)(Foster, Wood) (Entered: 01/08/2007)
28 CERTIFICATE OF SERVICE by all plaintiffs re 27 Affidavit in Opposition to Motion, 26 LR7.1 Word Count Compliance Certificate, 25 Memorandum in Opposition to Motion (Foster, Wood) Modified text on 1/9/2007 (dch). (Entered: 01/08/2007)
29 MEMORANDUM in Opposition re 13 MOTION for Partial Summary Judgment ( Invalidity of Releases) filed by all defendants. (Robbins, Holly) (Entered: 01/08/2007)
30 LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by all defendants re 29 Memorandum in Opposition to Motion filed by all defendants. (Robbins, Holly) (Entered: 01/08/2007)
31 EXHIBIT re 29 Memorandum in Opposition to Motion by all defendants filed by all defendants. (Attachments: # 1 Exhibit(s) Pages GC00428−00440)(Robbins, Holly) (Entered: 01/08/2007)
32 AFFIDAVIT of Mary Beth Conzett in OPPOSITION TO 13 MOTION for Partial Summary Judgment ( Invalidity of Releases) filed by all defendants. (Robbins, Holly) (Entered: 01/08/2007)
33 AFFIDAVIT of John Lapke in OPPOSITION TO 13 MOTION for Partial Summary Judgment ( Invalidity of Releases) filed by all defendants. (Robbins, Holly) (Entered: 01/08/2007)
34 CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. re 30 LR7.1 Word Count Compliance Certificate, 29 Memorandum in Opposition to Motion, 31 Exhibit, 33 Affidavit in Opposition to Motion, 32 Affidavit in Opposition to Motion (Robbins, Holly) (Entered: 01/08/2007)
35 REPLY re 13 MOTION for Partial Summary Judgment ( Invalidity of Releases) filed by all plaintiffs. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Foster, Wood) (Entered: 01/16/2007)
36 AFFIDAVIT of Wood R. Foster, Jr. in SUPPORT OF 13 MOTION for Partial Summary Judgment ( Invalidity of Releases) (Third) filed by all plaintiffs. (Foster, Wood) (Entered: 01/16/2007)
37 CERTIFICATE OF SERVICE by Joseph Pagliolo re 36 Affidavit in Support of Motion, 35 Reply (Foster, Wood) (Entered: 01/16/2007)
38 REPLY re 17 MOTION for Summary Judgment filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Robbins, Holly) (Entered: 01/16/2007)
39 CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. re 38 Reply (Robbins, Holly) (Entered: 01/16/2007)
40 AMENDED NOTICE of Hearing on Motion 17 MOTION for Summary Judgment: Motion Hearing set for 2/21/2007 09:00 AM in St Paul − Courtroom 1 before Judge Donovan W. Frank. (Robbins, Holly) Modified text on 1/19/2007 (dch). (Entered: 01/18/2007)
41 CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. re 40 Amended Notice of Hearing on Motion (Robbins, Holly) (Entered: 01/18/2007)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 137 of 147

01/18/2007 01/31/2007
02/21/2007 03/21/2007 04/04/2007 04/17/2007 04/30/2007 04/30/2007 04/30/2007 04/30/2007 04/30/2007
05/08/2007 05/08/2007 05/08/2007

42 AMENDED NOTICE of Hearing on Motion 13 MOTION for Partial Summary Judgment ( Invalidity of Releases): Motion Hearing set for 2/21/2007 09:00 AM in St Paul − Courtroom 1 before Judge Donovan W. Frank. (Attachments: # 1 Certificate of Service)(Foster, Wood) (Entered: 01/18/2007)
**TEXT ONLY***SECOND AMENDED NOTICE re 42 Amended Notice of Hearing on Motion 13 MOTION for Partial Summary Judgment ( Invalidity of Releases): Motion Hearing previously set for 2/21/2007 09:00 AM in St Paul − Courtroom 1 before Judge Donovan W. Frank has been rescheduled by the Court for 2:00 PM in the afternoon of 2/21/07. (lml) (Entered: 01/31/2007)
43 Minute Entry for proceedings held before Judge Donovan W. Frank : Motion Hearing held on 2/21/2007 re 17 MOTION for Summary Judgment filed by Plaintiffs, 13 MOTION for Partial Summary Judgment ( Invalidity of Releases) filed by Plaintiffs. (Court Reporter Jeanne Anderson) (lml) (Entered: 02/22/2007)
44 TRANSCRIPT of Cross Motions for Summary Judgment held on February 21, 2007 before Judge Donovan W. Frank. Court Reporter: Jeanne M. Anderson. (74pgs) FILED CONVENTIONALLY (dch) (Entered: 03/21/2007)
45 MEMORANDUM OPINION AND ORDER denying 17 Defendants' Motion for Summary Judgment, granting in part and denying in part 13 Plaintiffs' Motion for Partial Summary Judgment (Written Opinion). Signed by Judge Donovan W. Frank on 4/4/07. (lml) (Entered: 04/04/2007)
46 NOTICE OF PRETRIAL CONFERENCE Pretrial Conference set for 5/18/2007 11:30 AM in Chambers, Suite 9E, Hearing before Magistrate Judge Susan R. Nelson. Signed by Magistrate Judge Susan R. Nelson on 4/17/07. (Attachments: # 1 Consent Form)(JMH) (Entered: 04/17/2007)
47 NOTICE of Appearance by Aaron D Van Oort on behalf of all defendants (Van Oort, Aaron) (Entered: 04/30/2007)
48 CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. re 47 Notice of Appearance (Van Oort, Aaron) (Entered: 04/30/2007)
49 MOTION for Certificate of Appealability Under 28 U.S.C Section 1292(b) and Rule 54(b) by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc.. (Prokott, Daniel) (Entered: 04/30/2007)
50 MEMORANDUM in Support re 49 MOTION for Certificate of Appealability Under 28 U.S.C Section 1292(b) and Rule 54(b) filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Prokott, Daniel) (Entered: 04/30/2007)
51 CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. re 50 Memorandum in Support of Motion, 49 MOTION for Certificate of Appealability Under 28 U.S.C Section 1292(b) and Rule 54(b) (Prokott, Daniel) (Entered: 04/30/2007)
52 MOTION for Admission Pro Hac Vice for Patricia V. Pierce by Plaintiffs. (Foster, Wood) Modified on 5/8/2007 (MMC). Modified text on 5/9/2007 (kt). (Entered: 05/08/2007)
53 MEMORANDUM in Opposition re 49 MOTION for Certificate of Appealability Under 28 U.S.C Section 1292(b) and Rule 54(b) filed by all plaintiffs. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Foster, Wood) (Entered: 05/08/2007)
54 AFFIDAVIT of Wood R. Foster, Jr. in OPPOSITION TO 49 MOTION for Certificate of Appealability Under 28 U.S.C Section 1292(b) and Rule 54(b) filed by all plaintiffs. (Attachments: # 1 Exhibit(s) 1# 2 Exhibit(s) 2−4)(Foster, Wood) (Entered: 05/08/2007)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 138 of 147

05/08/2007 05/11/2007 05/11/2007 05/11/2007
05/11/2007 05/18/2007 05/18/2007
05/29/2007 05/31/2007 06/05/2007 06/05/2007 06/11/2007 06/11/2007 06/11/2007
06/11/2007
06/11/2007

55 CERTIFICATE OF SERVICE by Plaintiffs re 53 Memorandum in Opposition to Motion, 54 Affidavit in Opposition to Motion (Foster, Wood) Modified text on 5/9/2007 (kt). (Entered: 05/08/2007)
TEXT ONLY ENTRY − ORDER granting 52 Motion for Admission Pro Hac Vice of Attorney Patricia V Pierce for plaintiffs. Fee paid; receipt number 3−002653. Approved by Clerk Richard D Sletten on 5/11/07. (MMC) (Entered: 05/11/2007)
56 REPLY re 49 MOTION for Certificate of Appealability Under 28 U.S.C Section 1292(b) and Rule 54(b) filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Prokott, Daniel) (Entered: 05/11/2007)
57 CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., re 56 Reply Memorandum in Support of Their Motion for Certification Under 28 U.S.C. 1292 and Rule 54(b) (Prokott, Daniel) Modified on 5/14/2007 (jam). (Entered: 05/11/2007)
58 REPORT of Rule 26(f) Planning Meeting by Plaintiffs and Defendants.(Robbins, Holly) Modified on 5/14/2007 (jam). (Entered: 05/11/2007)
59 Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson : Rule 16 Scheduling Conference held on 5/18/2007. (jc) (Entered: 05/18/2007)
60 PRETRIAL SCHEDULING ORDER Discovery due by 8/1/2008. Motions (non−disp) due 1/15/2009. Motions (disp) due by 5/1/2009. Ready for trial due by 8/1/2009. Signed by Magistrate Judge Susan R. Nelson on 05/18/2007. (jc) (Entered: 05/18/2007)
61 MEMORANDUM OPINION AND ORDER granting in part and denying in part 49 Defendants' Motion for Certificate of Appealability (Written Opinion). Signed by Judge Donovan W. Frank on 5/29/07. (lml) (Entered: 05/29/2007)
62 STIPULATION of Dismissal with Prejduice of Judy Mathiowetz and Patricia Wilke by all parties. (Robbins, Holly) Modified text on 6/1/2007 (kt). (Entered: 05/31/2007)
63 ORDER FOR DISMISSAL WITH PREJUDICE OF PLAINTIFFS JUDY MATTIOWETZ AND PATRICIA WILKE re 62 Stipulation of Dismissal . Signed by Judge Donovan W. Frank on 6/5/07. (lml) (Entered: 06/05/2007)
64 JUDGMENT pertaining to Judy Mathiowetz and Patricia Wilke only. (Attachments: # 1 Civil−8th Circuit Pre−Hearing Conference Notice # 2 Civil Notice − appeal)(jam) (Entered: 06/05/2007)
65 NOTICE OF WITHDRAWAL FROM CASE of Jay B Streitz by all Plaintiffs. (Attachments: # 1 Certificate of Service)(Foster, Wood) Modified text on 6/12/2007 (kt). (Entered: 06/11/2007)
66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals by Plaintiffs. (Attachments: # 1 Exhibit(s) A)(Foster, Wood) Modified text on 6/12/2007 (kt). (Entered: 06/11/2007)
67 NOTICE OF HEARING ON MOTION 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals: Motion Hearing set for 8/14/2007 02:00 PM before Judge Donovan W. Frank. (Foster, Wood) (Entered: 06/11/2007)
68 MEMORANDUM in Support re 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all plaintiffs. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Foster, Wood) (Entered: 06/11/2007)
69 AFFIDAVIT of Wood R. Foster, Jr. in SUPPORT OF 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all plaintiffs. (Attachments: # 1 Exhibit(s))(Foster, Wood) (Entered: 06/11/2007)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 139 of 147

06/11/2007 06/11/2007
06/27/2007 06/27/2007 06/27/2007
06/27/2007
06/28/2007 06/28/2007 07/11/2007 07/11/2007 07/11/2007 07/11/2007 07/11/2007 07/11/2007

70 AFFIDAVIT of Joseph Pagliolo in SUPPORT OF 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all plaintiffs. (Foster, Wood) (Entered: 06/11/2007)
71 CERTIFICATE OF SERVICE by Plaintiffs re 70 Affidavit in Support of Motion, 67 Notice of Hearing on Motion, 68 Memorandum in Support of Motion, 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals, 69 Affidavit in Support of Motion (Foster, Wood) Modified text on 6/12/2007 (kt). (Entered: 06/11/2007)
72 MOTION for Admission Pro Hac Vice for James W. Nagle by Guidant Corporation, Guidant Sales Corporation and Cardiac Pacemakers, Inc. (Robbins, Holly) Modified on 6/28/2007 − corrected parties (MMC). (Entered: 06/27/2007)
73 MOTION for Admission Pro Hac Vice for Leslie S. Blickenstaff by Guidant Corporation, Guidant Sales Corporation and Cardiac Pacemakers, Inc.. (Robbins, Holly) Modified on 6/28/2007 − corrected parties (MMC). (Entered: 06/27/2007)
74 CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. re 73 MOTION for Admission Pro Hac Vice for Leslie S. Blickenstaff, 72 MOTION for Admission Pro Hac Vice for James W. Nagle (Robbins, Holly) (Entered: 06/27/2007)
TEXT ONLY ENTRY − ORDER granting 72 , 73 Motions for Admission Pro Hac Vice of Attorneys James W Nagle and Leslie S Blickenstaff for Guidant Sales Corporation, Cardiac Pacemakers, Inc. and Guidant Corporation. Fees paid; receipt number 4−014265. Approved by Clerk Richard D Sletten on 6/27/07. (MMC) Modified on 6/28/2007 − corrected filing date and parties. (MMC) (Entered: 06/28/2007)
NOTICE OF DOCKETING CORRECTION − Filing date for Order granting pro hac vice motions of James W. Nagle and Leslie S. Blickenstaff changed from 6/26/07 to 6/27/07. (MMC) (Entered: 06/28/2007)
NOTICE to Attorneys: Attorneys James W. Nagle and Leslie S. Blickenstaff represent only defendants Guidant Sales Corporation, Cardiac Pacemakers, Inc. and Guidant Corporation. (MMC) (Entered: 06/28/2007)
75 MEMORANDUM in Opposition re 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all defendants. (Attachments: # 1 Attachment A# 2 LR7.1 Word Count Compliance Certificate)(Robbins, Holly) (Entered: 07/11/2007)
76 AFFIDAVIT of Mary Beth Conzett in OPPOSITION TO 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all defendants. (Attachments: # 1 Exhibit(s) A)(Robbins, Holly) (Entered: 07/11/2007)
77 AFFIDAVIT of John M. Cleary in OPPOSITION TO 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all defendants. (Attachments: # 1 Exhibit(s) A)(Robbins, Holly) (Entered: 07/11/2007)
78 AFFIDAVIT of Judith Cox Malmo in OPPOSITION TO 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all defendants. (Attachments: # 1 Exhibit(s) A)(Robbins, Holly) (Entered: 07/11/2007)
79 AFFIDAVIT of Richard S. Vogel in OPPOSITION TO 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all defendants. (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B# 3 Exhibit(s) C# 4 Exhibit(s) D)(Robbins, Holly) (Entered: 07/11/2007)
80 AFFIDAVIT of David Reimer in OPPOSITION TO 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all defendants. (Robbins, Holly) (Entered: 07/11/2007)

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07/11/2007 07/11/2007 07/11/2007
07/11/2007 07/12/2007 07/18/2007
07/31/2007 07/31/2007 07/31/2007 07/31/2007 08/03/2007
08/07/2007 08/07/2007 08/07/2007 08/14/2007 08/15/2007

81 DECLARATION of Susan Feltovich in Opposition to 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all defendants. (Attachments: # 1 Exhibit(s) A)(Robbins, Holly) (Entered: 07/11/2007)
82 DECLARATION of Bill Winton in Opposition to 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all defendants. (Robbins, Holly) (Entered: 07/11/2007)
83 EXHIBIT re 75 Memorandum in Opposition to Motion, to Certify Class by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc.. (Attachments: # 1 Exhibit(s) Pages GDT OPP 1 − 19)(Robbins, Holly) (Entered: 07/11/2007)
84 CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. for docket entries 75 − 83 (Robbins, Holly) (Entered: 07/11/2007)
85 NOTICE of Appearance by Joel P Schroeder on behalf of all defendants (Attachments: # 1 Certificate of Service)(Schroeder, Joel) (Entered: 07/12/2007)
86 AMENDED NOTICE of Hearing on Motion 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals: Motion Hearing set for 8/30/2007 09:30 AM in St Paul − Courtroom 1 before Judge Donovan W. Frank. (Attachments: # 1 Certificate of Service)(Foster, Wood) (Entered: 07/18/2007)
87 REPLY MEMORANDUM in Support re 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all plaintiffs. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Foster, Wood) Modified text on 8/1/2007 (kt). (Entered: 07/31/2007)
88 SUPPLEMENTAL AFFIDAVIT of Wood R. Foster, Jr. in SUPPORT OF 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all plaintiffs. (Foster, Wood) Modified text on 8/1/2007 (kt). (Entered: 07/31/2007)
89 CERTIFICATE OF SERVICE by Plaintiffs re 87 Memorandum in Support of Motion, 88 Affidavit in Support of Motion (Foster, Wood) Modified text on 8/1/2007 (kt). (Entered: 07/31/2007)
90 ATTACHMENT I re 88 Affidavit in Support of Motion filed by all plaintiffs. (Attachments: # 1 ATTACHMENT I (Part 2))(Foster, Wood) Modified text on 8/1/2007 (kt). (Entered: 07/31/2007)
91 ORDER The status conference previously scheduled for August 20, 2007, at 9:30 a.m. will now take place on August 30, 2007, at 4:00 p.m., before Magistrate Judge Susan Richard Nelson in Courtroom 8E, U.S. Courthouse, 300 South FourthStreet, Minneapolis, Minnesota. Signed by Magistrate Judge Susan R. Nelson on 08/03/2007. (jc) (Entered: 08/03/2007)
92 NOTICE of Appearance by Stephen J Snyder on behalf of all plaintiffs (Snyder, Stephen) (Entered: 08/07/2007)
93 CERTIFICATE OF SERVICE by Joseph Pagliolo of 92 Notice of Appearance. (Snyder, Stephen) Modified text on 8/8/2007 (kt). (Entered: 08/07/2007)
94 ATTACHMENT 2 re 88 Affidavit in Support of Motion filed by all plaintiffs. (Foster, Wood) Modified text on 8/8/2007 (kt). (Entered: 08/07/2007)
95 STIPULATION for a Protective Order by all parties. (Foster, Wood) Modified text on 8/15/2007 (kt). (Entered: 08/14/2007)
96 PROTECTIVE ORDER re 95 Sitpulation for a Protective Order. Signed by Judge Donovan W. Frank on 8/15/07. (GMO) (Entered: 08/15/2007)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 141 of 147

08/30/2007
08/30/2007 09/20/2007 09/20/2007 09/20/2007
09/24/2007 09/28/2007 09/28/2007 10/03/2007 10/12/2007 11/06/2007 11/06/2007 11/07/2007 11/29/2007 12/03/2007 12/06/2007

TEXT ONLY ENTRY−Minute Entry for proceedings held before Judge Donovan W. Frank : Motion Hearing held on 8/30/2007 re 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals. Motion taken under advisement. Order to be issued. (Court Reporter Jeanne Anderson) (GMO) Modified on 9/4/2007 (JME). (Entered: 08/30/2007)
97 Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson : Status Conference held on 8/30/2007. Next status conference is scheduled for September 24, 2007 at 3:30 p.m. in Chambers 9E. (jc) (Entered: 08/31/2007)
98 MOTION for Admission Pro Hac Vice for Heidi Goldstein Shepherd by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc.. (Robbins, Holly) (Entered: 09/20/2007)
99 CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. re 98 MOTION for Admission Pro Hac Vice for Heidi Goldstein Shepherd (Robbins, Holly) (Entered: 09/20/2007)
TEXT ONLY ENTRY − ORDER granting 98 Motion for Admission Pro Hac Vice of Attorney Heidi Goldstein Shepherd for Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc., Guidant Corporation, Guidant Endovascular Solutions, Inc. Fee paid; receipt number 4−016302. Approved by Clerk Richard D Sletten on 9/20/07. (MMC) (Entered: 09/21/2007)
100 Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson : Status Conference held on 9/24/2007. The next status conference in this matter will be held on November 6, 2007 at 9:30 a.m. (jc) Modified on 9/26/2007 (jc). (Entered: 09/26/2007)
101 ORDER granting 66 Motion to Certify Class (Written Opinion). Signed by Judge Donovan W. Frank on 09/28/2007. (Attachments: # 1 Exhibit(s) A) (rlb) (Entered: 09/28/2007)
102 NOTICE OF WITHDRAWAL FROM CASE by Joseph Pagliolo (Snyder, Stephen) (Entered: 09/28/2007)
103 NOTICE of Appearance by Charles N Nauen on behalf of all plaintiffs (Attachments: # 1 Certificate of Service)(Nauen, Charles) (Entered: 10/03/2007)
104 NOTICE of Appearance by David D Leishman on behalf of all plaintiffs (Attachments: # 1 Certificate of Service)(Leishman, David) (Entered: 10/12/2007)
105 Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson : Status Conference held on 11/6/2007. The next status conference will be held on 12/3/07 at 3:30 p.m. in Chambers 9E. (kt) (Entered: 11/06/2007)
106 ORDER rescheduling Status Conference for 12/3/2007 03:30 PM in Minneapolis − Chambers 9E before Magistrate Judge Susan R. Nelson. Signed by Magistrate Judge Susan R. Nelson on 11/6/07. (kt) Modified text on 11/7/2007 (kt). (Entered: 11/06/2007)
NOTICE to Attorney: The status conference taking place on 12/3/07 at 3:30 p.m. is in Chambers 9E, not Courtroom 9E, before Magistrate Judge Susan R Nelson in Minneapolis. (kt) (Entered: 11/07/2007)
107 Consent to Join Collective Action by Benjamin Hall. (jam) QC'd jam Modified on 12/4/2007 (MMC). (Entered: 11/30/2007)
108 Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson : Status Conference held on 12/3/2007. The next status conference will be held on 1/14/08 at 3:00 p.m. (JMH) Modified text on 12/7/2007 (kt). (Entered: 12/06/2007)
109 MOTION for Admission Pro Hac Vice for Adrianne C. Mazura by Guidant Corporation, Guidant Endovascular Solutions, Inc., Advanced Cardiovascular Systems, Inc.. (Schroeder, Joel) Modified on 12/7/2007 (MMC). (Entered: 12/06/2007)

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12/06/2007
12/06/2007
12/06/2007
12/13/2007 12/13/2007 12/13/2007 12/14/2007
12/26/2007 12/28/2007 01/14/2008 01/14/2008
01/14/2008 01/16/2008 01/25/2008 01/28/2008
02/05/2008 02/07/2008

110 MOTION for Admission Pro Hac Vice for Brian A. Hartstein by Guidant Corporation, Guidant Endovascular Solutions, Inc., Advanced Cardiovascular Systems, Inc. (Schroeder, Joel) Modified on 12/6/2007 (MMC). Modified on 12/7/2007 (MMC). (Entered: 12/06/2007)
111 CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc. re 110 MOTION for Admission Pro Hac Vice for Brian C. Hartstein, 109 MOTION for Admission Pro Hac Vice for Adrianne C. Mazura (Schroeder, Joel) (Entered: 12/06/2007)
TEXT ONLY ENTRY − ORDER granting 109 , 110 Motions for Admission Pro Hac Vice of Attorneys Adrianne C Mazura and Brian A Hartstein for Guidant Corporation,Guidant Endovascular Solutions, Inc.,Advanced Cardiovascular Systems, Inc. Fees paid; receipt number 4−018151. Approved by Clerk Richard D Sletten on 12/6/07. (MMC) (Entered: 12/07/2007)
112 NOTICE of Appearance by Julianne M Markiewicz on behalf of Michael Paris (Markiewicz, Julianne) (Entered: 12/13/2007)
113 NOTICE by Michael Paris of Consent to Join Collective Action. (Markiewicz, Julianne) Modified text on 12/14/2007 (kt). (Entered: 12/13/2007)
114 CERTIFICATE OF SERVICE by Michael Paris re 113 Notice (Other), 112 Notice of Appearance (Markiewicz, Julianne) (Entered: 12/13/2007)
115 NOTICE of Appearance by Wood R Foster, Jr., Jordan M Lewis, Charles N Nauen, William Gengler, Robert Schmit, David Leishman, Cynthia Stange, Frank Mabley, and Patricia Pierce on behalf of all plaintiffs (Attachments: # 1 Exhibit(s) A: Consents to Join# 2 Certificate of Service)(Foster, Wood) Modified text on 12/17/2007 (kt). (Entered: 12/14/2007)
116 NOTICE of Appearance by Sara B Kalis on behalf of all plaintiffs (Attachments: # 1 Certificate of Service)(Kalis, Sara) (Entered: 12/26/2007)
117 NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for Jeanne Lemke (Ostapowich, Andrea) (Entered: 12/28/2007)
118 AMENDED STIPULATION for Protective Order by all parties. (Schroeder, Joel) Modified text on 1/15/2008 (kt). (Entered: 01/14/2008)
119 CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Cardiac Pacemakers, Inc., Cardiac Pacemakers, Inc. re 118 Amended Stipulation. (Schroeder, Joel) Modified text on 1/15/2008 (kt). (Entered: 01/14/2008)
120 Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson : Status Conference held on 1/14/2008. Next Status Conference will be held on 2/25/08 at 3:00 p.m. (JMH) (Entered: 01/15/2008)
121 PROTECTIVE ORDER signed by Judge Donovan W. Frank on 1/15/08. (GMO) (Entered: 01/16/2008)
122 MOTION for Admission Pro Hac Vice for Robert P. Karwin by ALL PLAINTIFFS. (Attachments: # 1 Certificate of Service)(Foster, Wood) Modified text on 1/28/2008 (kt). (Entered: 01/25/2008)
TEXT ONLY ENTRY − ORDER granting 122 Motion for Admission Pro Hac Vice of Attorney Robert P Karwin for all plaintiffs. Fee paid; receipt number 3−003792. Approved by Clerk Richard D Sletten on 1/28/08. (MMC) (Entered: 01/30/2008)
123 Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson: Conference call re: test production and search held on 2/5/2008 (JMH) (Entered: 02/06/2008)
124 MOTION for Admission Pro Hac Vice for Laura E. Rosenbaum by Guidant Corporation, Guidant Sales Corporation, Cardiac Pacemakers, Inc.. (Prokott, Daniel) (Entered: 02/07/2008)

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02/07/2008 02/12/2008 02/14/2008 02/14/2008 02/14/2008 02/14/2008 02/21/2008
02/25/2008
02/27/2008 02/27/2008 02/29/2008 02/29/2008 02/29/2008 03/03/2008 03/07/2008

125 CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Sales Corporation, Cardiac Pacemakers, Inc. re 124 MOTION for Admission Pro Hac Vice for Laura E. Rosenbaum (Prokott, Daniel) (Entered: 02/07/2008)
TEXT ONLY ENTRY − ORDER granting 124 Motion for Admission Pro Hac Vice of Attorney Laura E Rosenbaum for Guidant Corporation, Guidant Sales Corporation, Cardiac Pacemakers, Inc. Fee paid; receipt number 3−003853. Approved by Clerk Richard D Sletten on 2/12/08. (MMC) (Entered: 02/12/2008)
126 MOTION for Admission Pro Hac Vice for Benjamin J. Wyatt by Guidant Corporation, Guidant Sales Corporation, Cardiac Pacemakers, Inc. (Prokott, Daniel) (Entered: 02/14/2008)
127 CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Sales Corporation, Cardiac Pacemakers, Inc. re 126 MOTION for Admission Pro Hac Vice for Benjamin J. Wyatt (Prokott, Daniel) (Entered: 02/14/2008)
128 MOTION for Admission Pro Hac Vice for Tonya M. Cross by Guidant Corporation, Guidant Endovascular Solutions, Inc., Advanced Cardiovascular Systems, Inc. (Schroeder, Joel) (Entered: 02/14/2008)
129 CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Advanced Cardiovascular Systems, Inc. re 128 MOTION for Admission Pro Hac Vice for Tonya M. Cross (Schroeder, Joel) (Entered: 02/14/2008)
TEXT ONLY ENTRY − ORDER granting 126 Motion for Admission Pro Hac Vice of Attorney Benjamin J Wyatt for Guidant Corporation, Guidant Sales Corporation, Cardiac Pacemakers, Inc., and 128 Motion for Admission Pro Hac Vice of Tonya M Cross for Guidant Corporation, Guidant Endovascular Solutions, Inc., Advanced Cardiovascular Systems, Inc. Fees paid; receipt number 3−003884. Approved by Clerk Richard D Sletten on 2/21/08. (MMC) (Entered: 02/21/2008)
134 Minute Entry for Pretrial Conference held before Susan Richard Nelson, United States Magistrate Judge, at Minneapolis, Minnesota: The next status conference in this matter will be held on April 4, 2008, at 3:00 p.m. Plaintiffs Motion to Compel and Defs Motion for a Protective Order will also be heard on April 4, 2008 at 3:00 p.m. in Courtroom 9E. Said motions shall be filed on for beforeMarch 10, 2008. Responses shall be filed on or before March 24, 2008. (jz) (Entered: 03/04/2008)
130 MOTION for Admission Pro Hac Vice for Beth A. Norton by Guidant Corporation, Guidant Sales Corporation, Cardiac Pacemakers, Inc.. (Prokott, Daniel) (Entered: 02/27/2008)
131 CERTIFICATE OF SERVICE by Guidant Sales Corporation, Cardiac Pacemakers, Inc., Guidant Corporation re 130 MOTION for Admission Pro Hac Vice for Beth A. Norton (Prokott, Daniel) (Entered: 02/27/2008)
132 MOTION for Admission Pro Hac Vice for Nora R. Culver by Guidant Endovascular Solutions, Inc., Advanced Cardiovascular Systems, Inc.. (Schroeder, Joel) (Entered: 02/29/2008)
133 CERTIFICATE OF SERVICE by Guidant Endovascular Solutions, Inc., Advanced Cardiovascular Systems, Inc. re 132 MOTION for Admission Pro Hac Vice for Nora R. Culver (Schroeder, Joel) (Entered: 02/29/2008)
TEXT ONLY ENTRY − ORDER granting 130 Motion for Admission Pro Hac Vice of Attorney Beth A Norton for Guidant Corporation, Guidant Sales Corporation and Cardiac Pacemakers, Inc. Fee paid; receipt number 3−003930. Approved by Clerk Richard D Sletten on 2/29/08. (MMC) (Entered: 03/03/2008)
TEXT ONLY ENTRY − ORDER granting 132 Motion for Admission Pro Hac Vice of Attorney Nora R Culver for Guidant Endovascular Solutions, Inc., Advanced Cardiovascular Systems, Inc. Fee paid; receipt number 3−003937. Approved by Clerk Richard D Sletten on 3/3/08. (MMC) (Entered: 03/04/2008)
135 ORDER Based on the foregoing, and all the files, records and proceedings herein, IT IS HEREBY ORDERED that: 1. Guidant shall conduct the test according to the above−described protocol within fourteen (14) days. Signed by Magistrate Judge

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03/10/2008 03/10/2008 03/10/2008 03/10/2008 03/10/2008 03/10/2008 03/10/2008
03/10/2008 03/10/2008
03/10/2008
03/10/2008 03/10/2008 03/11/2008

Susan R. Nelson on 03/07/2008. (jz) (Entered: 03/07/2008)
136 MOTION to Amend/Correct Protective Order by ALL PLAINTIFFS. (Foster, Wood) (Entered: 03/10/2008)
137 NOTICE OF HEARING ON MOTION 136 MOTION to Amend/Correct Protective Order : Motion Hearing set for 4/4/2008 03:00 PM in Minneapolis − Courtroom 9E before Magistrate Judge Susan R. Nelson. (Foster, Wood) (Entered: 03/10/2008)
138 MEMORANDUM in Support re 136 MOTION to Amend/Correct Protective Order filed by ALL PLAINTIFFS. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Foster, Wood) (Entered: 03/10/2008)
139 AFFIDAVIT of Wood R. Foster, Jr. in SUPPORT OF 136 MOTION to Amend/Correct Protective Order filed by all plaintiffs. (Attachments: # 1 Document Removed Filed in Error )(Foster, Wood) (Additional attachment(s) added on 3/11/2008 (jz). (Entered: 03/10/2008)
140 CERTIFICATE OF SERVICE by ALL PLAINTIFFS re 138 Memorandum in Support of Motion, 136 MOTION to Amend/Correct Protective Order, 139 Affidavit in Support of Motion, 137 Notice of Hearing on Motion (Foster, Wood) (Entered: 03/10/2008)
141 MOTION for Protective Order Concerning Johnson &Johnson Discovery Requests by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc.. (Robbins, Holly) (Entered: 03/10/2008)
142 DOCUMENT FILED IN ERROR//INCORRECT DOCUMENT//WILL RE−FILE//NOTICE OF HEARING ON MOTION 141 MOTION for Protective Order Concerning Johnson &Johnson Discovery Requests : Motion Hearing set for 4/4/2008 03:00 PM in Minneapolis − Courtroom 9E before Magistrate Judge Susan R. Nelson. (Robbins, Holly) Modified text on 3/11/2008 (jdf). (Entered: 03/10/2008)
143 MEMORANDUM in Support re 141 MOTION for Protective Order Concerning Johnson &Johnson Discovery Requests filed by all defendants. (Robbins, Holly) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 3/10/08. (KT) (Entered: 03/10/2008)
144 EXHIBIT INDEX re 141 MOTION for Protective Order Concerning Johnson &Johnson Discovery Requests by all defendants filed by all defendants. (Attachments: # 1 Exhibit(s) A−G (Exhibits B, C, E, F, G Under Seal))(Robbins, Holly) Modified text on 3/11/2008 (kt). SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 3/10/08. (KT) (Entered: 03/10/2008)
145 AFFIDAVIT of Heidi Goldstein Shepherd in SUPPORT OF 141 MOTION for Protective Order Concerning Johnson &Johnson Discovery Requests filed by all defendants. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8)(Robbins, Holly) (Entered: 03/10/2008)
146 CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. for Docket Numbers 141−145 (Robbins, Holly) (Entered: 03/10/2008)
147 LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by all defendants re 143 Memorandum in Support of Motion filed by all defendants. (Robbins, Holly) (Entered: 03/10/2008)
148 AMENDED NOTICE of Hearing on Motion 141 MOTION for Protective Order Concerning Johnson &Johnson Discovery Requests : Motion Hearing set for 4/4/2008 03:00 PM in Minneapolis − Courtroom 9E before Magistrate Judge Susan R. Nelson. (Robbins, Holly) (Entered: 03/11/2008)

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03/11/2008 03/11/2008 03/19/2008 03/24/2008
03/24/2008
03/24/2008 03/24/2008 04/01/2008 04/02/2008 04/03/2008
04/10/2008 04/11/2008 04/15/2008
04/15/2008 05/12/2008 06/27/2008 07/08/2008

149 EXHIBIT 1 re 139 Affidavit in Support of Motion filed by all Plaintiffs. (Foster, Wood) Modified text on 3/12/2008 (kt). (Entered: 03/11/2008)
150 EXHIBITS 2−11 re 139 Affidavit in Support of Motion filed by all Plaintiffs. (Foster, Wood) Modified text on 3/12/2008 (kt). SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 3/11/08. (KT) (Entered: 03/11/2008)
151 LETTER TO CLERK'S OFFICE withdrawing Motion to Amend Protective Order from Wood R. Foster, Jr.. (Attachments: # 1 Certificate of Service)(Foster, Wood) Modified text on 3/20/2008 (kt). (Entered: 03/19/2008)
152 MEMORANDUM in Opposition re 141 MOTION for Protective Order Concerning Johnson &Johnson Discovery Requests filed by all plaintiffs. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Foster, Wood) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 3/24/08. (KT) (Entered: 03/24/2008)
153 AFFIDAVIT of Wood R. Foster, Jr. in OPPOSITION TO 141 MOTION for Protective Order Concerning Johnson &Johnson Discovery Requests filed by all plaintiffs. (Attachments: # 1 Exhibit(s) 1−10, # 2 Exhibit(s) 11−17)(Foster, Wood) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 3/24/08. (KT) (Entered: 03/24/2008)
154 AFFIDAVIT of Michael Horton in OPPOSITION TO 141 MOTION for Protective Order Concerning Johnson &Johnson Discovery Requests filed by all plaintiffs. (Foster, Wood) (Entered: 03/24/2008)
155 AFFIDAVIT of Marina Sievers in OPPOSITION TO 141 MOTION for Protective Order Concerning Johnson &Johnson Discovery Requests filed by all plaintiffs. (Foster, Wood) (Entered: 03/24/2008)
156 SECOND AMENDED STIPULATION for Protective Order by all parties. (Schroeder, Joel) Modified text on 4/2/2008 (kt). (Entered: 04/01/2008)
157 SECOND AMENDED PROTECTIVE ORDER. Signed by Magistrate Judge Susan R. Nelson on 4/1/08. (JMH) (Entered: 04/02/2008)
158 ORDER Setting Hearing on Motion 141 MOTION for Protective Order Concerning Johnson &Johnson Discovery Requests : Motion Hearing set for 4/11/2008 01:30 PM in Minneapolis − Courtroom 8E before Magistrate Judge Susan R. Nelson. Signed by Magistrate Judge Susan R. Nelson on 4/3/08. (JMH) (Entered: 04/03/2008)
159 Letter re: withdrawal of motion re 141 MOTION for Protective Order Concerning Johnson &Johnson Discovery Requests from Holly M. Robbins. (Attachments: # 1 Certificate of Service)(Robbins, Holly) (Entered: 04/10/2008)
160 Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson: Status Conference held on 4/11/2008. (JMH) (Entered: 04/14/2008)
161 NOTICE OF SETTLEMENT CONFERENCE, ( Settlement Conference set for 10/8/2008 and 10/9/2008 09:30 AM in Chambers, Suite 9E, Hearing before Magistrate Judge Susan R. Nelson). Signed by Magistrate Judge Susan R. Nelson on 4/15/08. (JMH) Modified text on 4/16/2008 (kt). (Entered: 04/15/2008)
162 ORDER ( Status Conference set for 5/12/2008 04:00 PM in Chambers, Suite 9E, Hearing before Magistrate Judge Susan R. Nelson). Signed by Magistrate Judge Susan R. Nelson on 4/15/08. (JMH) (Entered: 04/15/2008)
163 Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson: Status Conference held on 5/12/2008. (JMH) (Entered: 05/13/2008)
164 Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson: Status Conference held on 6/27/2008. (VEM) (Entered: 06/27/2008)
165 ORDER 1. Plaintiffs shall pay Guidant $13,946.00 for the costs of conducting the test. Signed by Magistrate Judge Susan R. Nelson on 7/8/08. (jdf) (Entered: 07/09/2008)

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 146 of 147

08/22/2008 09/17/2008 09/17/2008
10/09/2008 11/10/2008 11/10/2008 11/14/2008
11/14/2008 11/17/2008 11/17/2008 11/18/2008
11/25/2008 12/05/2008 12/05/2008 12/05/2008 12/08/2008 12/09/2008 12/23/2008 12/23/2008

166 Minute Entry: Status Conference proceedings held before Magistrate Judge Susan R. Nelson on 8/22/2008. (MMP) (Entered: 08/25/2008)
167 NOTICE of Filing of Official Transcript. (jma) (Entered: 09/17/2008)
168 TRANSCRIPT of Motions Hearing held on 08/30/2007 before Judge Donovan W. Frank. (56 pages). Court Reporter: Jeanne Anderson (E−mail: Jeanne_Anderson@mnd.uscourts.gov. Telephone: (651) 848−1221). Redaction Request due 10/6/2008. Redacted Transcript Deadline set for 10/15/2008. Release of Transcript Restriction set for 12/15/2008. For information on redaction procedures, please review Local Rule 5.5. (jma) (Entered: 09/17/2008)
169 Minute Entry: Settlement Conference hearing held before Magistrate Judge Susan R. Nelson on 10/8/2008. Parties will return on October 9, 2008 to continue settlement discussions. (MMP) (Entered: 10/09/2008)
171 STIPULATION of Dismissal with Prejudice of Terri A. Rose by ALL PLAINTIFFS. (Kalis, Sara) (Entered: 11/10/2008)
172 CERTIFICATE OF SERVICE by ALL PLAINTIFFS re 171 Stipulation of Dismissal of Terri A. Rose (Kalis, Sara) (Entered: 11/10/2008)
173 ORDER re 171 Stipulation of Dismissal filed by ALL PLAINTIFFS. Plaintiff Terri A. Rose is hereby DISMISSED WITH PREJUDICE in the above−entitled matter. Each party is to bear its own costs and attorney fees. LET JUDGMENT BE ENTERED ACCORDINGLY AS TO PLAINTIFF TERRI A. ROSE ONLY. Signed by Judge Donovan W. Frank on 11/12/08. (GMO) (Entered: 11/14/2008)
174 JUDGMENT as to Terri A Rose ONLY (Attachments: # 1 Civil−8th Circuit Pre−Hearing Conference Notice, # 2 Civil Notice − appeal)(kt) (Entered: 11/14/2008)
175 STIPULATION of Dismissal with Prejudice by all parties. (Kalis, Sara) Modified text on 11/18/2008 (kt). (Entered: 11/17/2008)
176 CERTIFICATE OF SERVICE by Michael Paris re 175 Stipulation of Dismissal With Prejudice of Michael Paris (Kalis, Sara) (Entered: 11/17/2008)
177 ORDER re 175 Stipulation of Dismissal filed by Michael Paris. Plaintiff Michael Paris is hereby DISMISSED WITH PREJUDICE in the above−entitled matter. Each party is to bear its own costs and attorney fees. Signed by Judge Donovan W. Frank on 11/18/08. (GMO) (Entered: 11/18/2008)
178 Minute Entry: Telephone Conference held before Susan Richard Nelson, United States Magistrate Judge, at Minneapolis, Minnesota on 11/25/2008. re: settlement. (MMP) (Entered: 11/25/2008)
179 Minute Entry: Telephone Conference held before Susan Richard Nelson, United States Magistrate Judge, at Minneapolis, Minnesota on 12/5/2008. re: settlement. (MMP) (Entered: 12/05/2008)
180 STIPULATION to Amend Case Caption by Plaintiffs, Guidant Corporation, Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. (Kalis, Sara) Modified on 12/8/2008 (kt). (Entered: 12/05/2008)
181 Certificate of Service by Plaintiffs re 180 Stipulation to Amend Case Caption (Kalis, Sara) Modified text on 12/8/2008 (kt). (Entered: 12/05/2008)
182 ORDER re 180 Stipulation amending case caption. Signed by Judge Donovan W. Frank on 12/8/08. (Attachments: # 1 Exhibit(s))(GMO) Modified text on 12/8/2008 (kt). (Entered: 12/08/2008)
183 Minute Entry: Telephone Conference held before Magistrate Judge Susan R. Nelson at Minneapolis, Minnesota on 12/9/2008. (MMP) (Entered: 12/09/2008)
184 STIPULATION of Dismissal by all parties. (Prokott, Daniel) Modified text on 12/24/2008 (kt). (Entered: 12/23/2008)
185 ORDER re 184 Stipulation of Dismissal, the Court hereby orders that all claims of all Plaintiffs in this case are DISMISSED WITH PREJUDICE, without an award

Case: 0:06-cv-00943-DWF-SRN As of: 07/27/2010 03:27 PM CDT 147 of 147

12/24/2008

of fees, costs or disbursements to any party. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Donovan W. Frank on 12/23/08. (GMO) (Entered: 12/23/2008)
186 JUDGMENT (Attachments: # 1 Civil−8th Circuit Pre−Hearing Conference Notice, # 2 Civil Notice − appeal)(kt) (Entered: 12/24/2008)