U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:03-cv BSJ

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1 US District Court Civil Docket as of 05/11/2004 Retrieved from the court on Tuesday, October 17, 2006 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:03-cv BSJ Kolm v. National Australia, et al Assigned to: Judge Barbara S. Jones Demand: $0 Lead case: 1:03-cv BSJ Member case: 1:03-cv BSJ Related Case: 1:03-cv BSJ Cause: 15:78m(a) Securities Exchange Act Plaintiff Harvard B. Kolm on behalf of jimself and all others similarly situated Date Filed: 10/10/2003 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Menachem E. Lifshitz Bernstein, Liebhard & Lifshitz, L.L.P. 10 East 40th Street New York, NY (212) V. National Australia Bank Ltd. represented by George T Conway, III Wachtell, Lipton, Rosen & Katz 51 West 52nd Street New York, NY (212) Fax: (212) GTConway@wlrk.com Homeside Lending, Inc. Frank Cicutto

2 Hugh Harris Kevin Race W. Blake Wilson Movant Australian Ordinary Share Purchasers represented by Thomas A. Dubbs Labaton Rudoff & Sucharow LLP 100 Park Avenue 12th Floor New York, NY Fax: Movant American ADR Purchasers represented by Thomas A. Dubbs (See above for address) Date Filed # Docket Text 10/10/ COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ RECEIPT # (laq) (Entered: 10/14/2003) 10/10/2003 CASE REFERRED TO Judge Barbara S. Jones as possibly related to 1:03cv6537. (laq) (Entered: 10/14/2003) 11/03/2003 NOTICE OF MOTION by Australian Ordinary, American ADR for an order pursuant to Section 21D(a)(3) of the Securities Exchange Act of 1934, 15 USC 78u-4(a)(3) and Rule 42 of the FRCP, to consolidate cases the related action, to appoint movant Australian Ordinary, movant American ADR to serve as lead plaintiff(s) and to approve the selection of Goodkind Labaton Rudoff & Sucharow LLP as lead counsel for the class. Proposed order attached. Return Date 9/17/03 not indicated. Original document filed in 03cv6537(BSJ), Doc # 11. (moc) Modified on 11/05/2003 (Entered: 11/05/2003) 11/03/2003 MEMORANDUM OF LAW by Australian Ordinary, American ADR in support of [0-1] motion for an order pursuant to Section 21D(a)(3) of the Securities Exchange

3 Act of 1934, 15 USC 78u-4(a)(3) and Rule 42 of the FRCP, to consolidate cases the related action, [0-2] motion to appoint movant Australian Ordinary, movant American ADR to serve as lead plaintiff(s), [0-3] motion to approve the selection of Goodkind Labaton Rudoff & Sucharow LLP as lead counsel for the class. Original document filed in 03cv9537(BSJ), doc # 12. (moc) (Entered: 11/05/2003) 11/03/2003 DECLARATION of Thomas A. Dubbs by Australian Ordinary, American ADR in support Re: [0-1] motion for an order pursuant to Section 21D(a)(3) of the Securities Exchange Act of 1934, 15 USC 78u-4(a)(3) and Rule 42 of the FRCP, to consolidate cases the related action, [0-2] motion to appoint movant Australian Ordinary, movant American ADR to serve as lead plaintiff(s), [0-3] motion to approve the selection of Goodkind Labaton Rudoff & Sucharow LLP as lead counsel for the class. Original document filed in 03cv6537 (BSJ), Doc # 13. (moc) (Entered: 11/05/2003) 11/07/2003 Case accepted as related to 1:03cv6537. Notice of assignment to follow. (jjm) (Entered: 11/13/2003) 11/07/ Notice of Case Assignment to Judge Barbara S. Jones. Copy of notice and judge's rules mailed to Attorney(s) of record: Thomas A. Dubbs, Menachem E. Lifshitz. (jjm) (Entered: 11/13/2003) 11/07/2003 Magistrate Judge Andrew J. Peck is so designated. (jjm) (Entered: 11/13/2003) 11/12/ Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Andrew J. Peck. ( signed by Judge Barbara S. Jones ) (rag) (Entered: 11/12/2003) 11/13/ STIPULATION and ORDER, defendants' time to answer, move to dismiss or otherwise respond to the Complaint shall be extended to 45 days after the entry of an order appointing lead plaintiff and approving lead counsel pursuant to 15 USC 78u-4(a)(3), and that, if, before the expiration of such period, plaintiffs shall file an amended complaint, defendants shall have until 45 days after such filing to answer, move to dismiss, or otherwise respond to such amended complaint. ( signed by Judge Barbara S. Jones ) (kw) (Entered: 11/17/2003) 11/25/2003 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from George T. Conway, III dated 11/17/03 re: counsel for defendants National Australia Bank, Ltd., HomeSide Lending, Inc. and Frank J. Cicutto request to join in the motion for consolidation. The discussed stipulation is to be finalized & submitted to my Chambers by 12/5/03. The parties are to meet and confer and file a proposed Rule 26(f) discovery (and other events) plan, taking into account this Court's "Rocket Docket" approach. The Rule 26(f) plan is due no later than 12/5/03. If counsel would like a conference to discuss the plan, please contact my secretary to schedule it. Original document filed in 03cv6537 (BSJ), Document # 15.(Signed by Judge Andrew J. Peck on 11/24/03) Copies Faxed by Chambers.(db, ) (Entered: 12/02/2003) 11/25/ MOTION (FILED ON SERVICE DATE) for A. Grahm Allen to Appear Pro Hac Vice as counsel for dfts Hugh Harris, Kevin Race and W. Blake Wilson. Document filed by National Australia Bank Ltd.; w/ attch. declaration in support; (pl, ) Modified on 12/9/2003 (pl, ). (Entered: 12/09/2003)

4 12/02/2003 CASHIERS OFFICE REMARK on COPY OF [5] Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 12/2/03, Receipt Number Original document filed in 03cv6537 (BSJ), this has no document number. (db, ) (Entered: 12/11/2003) 12/03/2003 STIPULATION AND ORDER;that actions 03cv6537(BSJ) (AJP) and 03cv8046(AJP) are hereby consolidated for pretrial proceedings before this Court. The Consolidated Action shall be captioned: "In re National Australia Bank Securities Litigation." All related actions that are subsequently filed in, or transferred to, this District shall be consolidated into the Consolidated Action for pretrial Purposes. This Order shall apply to every such related action, absent order of the Court; this Order is without prejudge to the rights of any party to apply for severance of any claims or action, for good cause shown; the docket in 03cv6538 (BSJ)(AJP) shall constitute the Master Docket in this action; the following persons are appointed Lead Plaintiff: Robert Morrison, Russell Leslie Owen and Brian and Geraldine Silverlock; Counsel Goodkind Labaton Rudoff & Scharow LLP shall manage the prosecution of this Consolidated Action to avoid duplicative or unproductive activities; Lead Plaintiff shall file a consolidated complaint within 30 days after the Court enters the order designating the Lead Plaintiffs and Lead Plaintiff?s Counsel, unless otherwise agreed by the parties; dft?s shall respond to the consolidated complaint within 45 days after service. unless otherwise agreed upon by the parties (Signed by Judge Andrew J. Peck on 12/1/03) : original document docketed in 03cv6537 as document #17 (pl, ) (Entered: 12/15/2003) 12/03/2003 MEMO ENDORSEMENT on Copy of [5] MOTION (FILED ON SERVICE DATE) for A. Grahm Allen to Appear Pro Hac Vice. The motion is Approved - Subject to payment of required fees to the Clerk of Court. (Signed by Judge Andrew J. Peck on 12/1/03); Original Document entered in case #03cv6537, Doc. #19. Copies Faxed By Chambers.(tp, ) (Entered: 12/17/2003) 12/03/2003 Transmission to Attorney Admissions Clerk. Transmitted re: Memo Endorsement,, to the Attorney Admissions Clerk for updating of Attorney Information. (tp, ) (Entered: 12/17/2003) 12/12/ WAIVER OF SERVICE of summons and complaint RETURNED EXECUTED Document filed by Harvard B. Kolm. National Australia Bank Ltd. waiver sent on 11/10/2003, answer due 1/9/2004. (djc, ) (Entered: 12/17/2003) 01/07/2004 Minute Entry for proceedings held before Judge Andrew J. Peck : Telephone status conference held on 1/7/2004. (ja, ) (Entered: 01/14/2004) 01/07/2004 AMENDED STIPULATION AND ORDER, pursuant to FRCP 42(a), consolidating cases 03cv6537(BSJ)(AJP) as Lead Case with 03cv8046(BSJ)(AJP) as Member Case for all purposes, and shall be captioned: "In re: National Australia Bank Securities Litigation." When Lead Plaintiff determines that a subsequently filed case should be consolidated herewith, they will so advise the Court. The Court appoints the following persons as Lead Plaintiffs: Robert Morrison, Russell Leslie Owen and Brian and Geraldine Silverlock. ORIGINAL DOCUMENT ENTERED IN LEAD CASE #03cv6537, DOC. #25. (Signed by Judge Andrew J. Peck on 1/5/04) Copies Faxed By Chambers.(tp, ) (Entered: 01/21/2004) 01/07/2004 CASE ASSOCIATED TO 1:03-cv (tp, ) (Entered: 01/21/2004)

5 05/11/ CASE NO LONGER REFERRED to Magistrate Judge Andrew J. Peck. Reason: Return to D.J. (Motion to Dismiss Pending) (rag, ) (Entered: 05/13/2004) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at