UNITED STATES DISTRICT COURT

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1 Joseph J. Tabacco, Jr. (75284) Christopher T. Heffelfinger (118058) BERMAN DEVALERIO PEASE TABACCO BURT & PUCILLO 425 California Street, Suite 2100 San Francisco, CA Telephone: (415) Facsimile: (415) Norman Berman Leslie R. Stern BERMAN DEVALERIO PEASE TABACCO BURT & PUCILLO One Liberty Square Boston, MA Telephone: (617) Facsimile: (617) Lead Counsel for Lead Plaintiff Massachusetts Laborers' Pension Fund UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA In re MICROMUSE INC. SECURITIES LITIGATION This Document Relates To: ALL ACTIONS Master File No. C BZ CLASS ACTION [PROPOSED] ORDER APPROVING FINAL ACCOUNTING; TERMINATING SETTLEMENT ADMINISTRATION; AND DISCHARGING LEAD COUNSEL, LEAD PLAINTIFF AND THE CLAIMS ADMINISTRATOR FROM FURTHER DUTIES IN CONNECTION THEREWITH [No Hearing Set Unless Otherwise Ordered] Having considered the papers filed by the Lead Plaintiff Massachusetts Laborers' Pension Fund ("Mass Laborers' Pension Fund") for an Order Approving Final Accounting, Terminating Settlement Administration; and Discharging Lead Counsel, Lead Plaintiff and the Claims Administrator From Further Duties in Connection Therewith; it appearing to the [Master File No. C BZ ] [PROPOSED] ORDER APPROVING FINAL ACCOUNTING; TERMINATING SETTLEMENT ADMINISTRATION; AND DISCHARGING LEAD PLAINTIFF, LEAD COUNSEL AND THE CLAIMS ADMINISTRATOR FROM FURTHER DUTIES IN CONNECTION THEREWITH

Stern BERMAN DEVALERIO PEASE TABACCO BURT & PUCILLO One Liberty Square Boston, MA 02109 Telephone: (617) 542-800 Facsimile: (617) 542-1194 Lead Counsel for Lead Plaintiff Massachusetts Laborers'

2 Court that the balance of settlement funds in the sum of $70,186.8, less a reserve of $5,000 for tax expenses, was paid to the Boys & Girls Clubs of the Peninsula ("BGCP") in accordance with the Court's Order dated January 0, 2008; it further appearing to the Court based on the affidavit of the claims administrator that tax returns for 2005 and 2006 were prepared and filed and that there are no taxes due for either 2007 or 2008, and that all required tax returns for 2007 and 2008 will be filed by no later than April 15, 2008 and that the final invoice for tax related services for 2007 and 2008 is $2,700; and it also appearing to the Court that the remaining funds in the reserve account in the amount of $2,00 have been distributed to BGCP and that there are no funds left to distribute; and for good cause shown, IT IS HEREBY ORDERED, 1. The final accounting attached hereto as Exhibit A is approved; 2. The settlement administration is terminated; and. Lead Plaintiff, Lead Counsel and the Claims Administrator are discharged from any further duties in connection with the administration of the settlement fund DATED: MAGISTRATE JUDGE BERNARD ZIMMERMAN UNITED STATES DISTRICT JUDGE 28 [Master File No. C BZ ] [PROPOSED] ORDER APPROVING FINAL ACCOUNTING; TERMINATING SETTLEMENT ADMINISTRATION; AND DISCHARGING LEAD PLAINTIFF, LEAD COUNSEL AND THE CLAIMS ADMINISTRATOR FROM FURTHER DUTIES IN CONNECTION THEREWITH 2

Court based on the affidavit of the claims administrator that tax returns for 2005 and 2006 were prepared and filed and that there are no taxes due for either 2007 or 2008, and that all required tax

3 EXHIBIT A

4 EXHIBIT A DATE DESCRIPTION AMOUNT AUTHORITY Stipulation of Settlement dated 09/28/05 ("Stipulation") 2.2; Final Deposit into "Notice and Judgment and Order of 11/18/05 Administration Fund" for $125, Dismissal dated 12/07/05 administrative costs ("Final Order") 5; Order Awarding Attorneys' Fees and Expenses dated 12/08/05 ("Fees Order") 4 12/22/05 Deposit into "Escrow Account" Stipulation 2.; Final Order $2, 500, for Settlement Fund 5 Stipulation 2.; Order of Final Judgment and Order of Deposit into "Escrow Account" Dismissal with Prejudice in 12/22/05 for Derivative Plaintiffs $194, derivative action, Case No. C BZ ("Final Derivative Order") 10 Payment to A.B. Data (total 01/05/06 balance in "Notice and ($125, 06.70) Stipulation 2.8 Administration Fund") Attorney Fee Payment Attorney Interest Payment Attorney Expense Payment ($525,000.00) Fees Order 6 ($5,154.49) Fees Order 6 ($70,754.5) Fees Order 6 Wire transfer to Federman & Sherwood-Derivative Plaintiff 05/05/06 Attorney Fee (total balance in ($194,479.60) Final Derivative Order 10 "Escrow Account" held for Derivative Plaintiffs) Payment to A.B. Data (transferred amount from 05/18/06 "Escrow Account" to "Notice ($82,000.00) Fees Order 4. and Administration Fund" for administrative costs) 10/05/06 Tax reimbursement payment to A.B. Data for 2005 taxes ($1.00) Stipulation 2.9(c) 10/10/06 Refund check from State of California for 2005 tax year $6.09 Stipulation 2.9(c)

00 Dismissal dated 12/07/05 administrative costs ("Final Order") 5; Order Awarding Attorneys' Fees and Expenses dated 12/08/05 ("Fees Order") 4 12/22/05 Deposit into "Escrow Account" Stipulation 2.

5 DATE DESCRIPTION AMOUNT AUTHORITY Payment to IRS for 2005 Taxes (transferred amount from 01/08/07 "Escrow Account" to "Notice ($2.96) Stipulation 2.9(c) and Administration Fund" for administrative costs) Order Authorizing 06/1/07 Payment to A.B. Data ($117,206.96) Distribution of Settlement Fund dated 05/10/07 "Distribution Order" 4 Order Authorizing Distribution of Settlement 2007 Class Distribution ($1,407,948.82) Fund dated 05/10/07 "Distribution Order" 11, 2, 2005 to Golden Gate Bank - Wire 2008 Transfer Fee ($0.00) Stipulation /07/08 Golden Gate Bank - Interest accrued from 2005 to 2008 $84, Stipulation 1.14 Order Regarding Disposition of Remaining Settlement 02/07/08 Cy Pres Distribution to BGCP ($70,186.8) Funds dated 01/0/08 ("Remaining Funds Order") Ti Payment to A.B. Data for 02/26/08 preparation of 2007 and 2008 ($2,700.00) Remaining Funds Order 2 tax return 02/29/08 Cy Pres Distribution to BGCP ($2,00.00) Remaining Funds Order 2 BALANCE: 0.00

96) Distribution of Settlement Fund dated 05/10/07 "Distribution Order" 4 Order Authorizing Distribution of Settlement 2007 Class Distribution ($1,407,948.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN JOSEPH WHITE, Plaintiff, Case No. 00-C-13 88 v. Hon. J. P. Stadtmueller HEARTLAND HIGH-YIELD MUNICIPAL BOND FUND, et al. Defendants. AMENDED ORDER