Case docket was last updated on: 04/14/98. Docket as of April 15, 1998 4:48 am Page 1 Proceedings include all events. 8:96cv593 Brimacombe v. Dean Witter Discover, et al CLOSED MED 94-995 TBM CLOSED MED 94-995 TBM U.S. District Court Middle District of Florida (Tampa) CIVIL DOCKET FOR CASE #: 96-CV-593 Brimacombe v. Dean Witter Discover, et al Filed: 03/26/96 Assigned to: Judge Steven D. Merryday Jury demand: Plaintiff Demand: $0,000 Nature of Suit: 850 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 28:1331 Fed. Question: Securities Violation HAROLD BRIMACOMBE Jonathan L. Alpert plaintiff [COR LD NTC] Alpert, Barker & Calcutt, P.A. 100 S. Ashley Dr. P.O. Box 3270 Tampa, FL 33601-3270 813/223-4131 v. DEAN WITTER DISCOVER AND Benjamin H. Hill, III COMPANY, a foreign corporation [COR LD NTC] defendant Hill, Ward & Henderson, P.A. 101 E. Kennedy Blvd., Suite 3700 P.O. Box 2231 Tampa, FL 33601 USA 813/221-3900 DEAN WITTER VENTURE, INC., a Benjamin H. Hill, III foreign corporation (See above) defendant [COR LD NTC] DEAN WITTER INTERCAPITAL, INC., Benjamin H. Hill, III a foreign corporation (See above) defendant [COR LD NTC] DEAN WITTER U. S. GOVERNMENT Benjamin H. Hill, III SECURITIES TRUST, An open-end (See above) diversified management [COR LD NTC] investment company Docket as of April 15, 1998 4:48 am Page 2 Proceedings include all events. 8:96cv593 Brimacombe v. Dean Witter Discover, et al CLOSED MED 94-995 TBM defendant DEAN WITTER SERVICES COMPANY, Benjamin H. Hill, III INC., a foreign corporation (See above) defendant [COR LD NTC] DEAN WITTER DISTRIBUTORS, INC., Benjamin H. Hill, III a foreign corporation (See above) defendant [COR LD NTC] NATIONSBANK CORPORATION, a Benjamin H. Hill, III foreign corporation and bank (See above) holding company [COR LD NTC] defendant NATIONSBANK OF FLORIDA, N.A., Benjamin H. Hill, III a national banking association (See above) defendant [COR LD NTC] NATIONSBANK OF NORTH CAROLINA, Benjamin H. Hill, III N.A., a national banking (See above) association [COR LD NTC] defendant NATIONSSECURITIES, a general Benjamin H. Hill, III partnership (See above) defendant [COR LD NTC] NATIONSBANC ENTERPRISE, INC., Benjamin H. Hill, III a foreign corporation (See above) defendant [COR LD NTC] NATIONSBANC SECURITIES, INC. Benjamin H. Hill, III nka (See above) Nationsbanc Discount Brokerage, [COR LD NTC] Inc. defendant NATIONSBANC DISCOUNT BROKERAGE, Benjamin H. Hill, III INC. (See above) defendant [COR LD NTC] Docket as of April 15, 1998 4:48 am Page 3 Proceedings include all events. 8:96cv593 Brimacombe v. Dean Witter Discover, et al CLOSED MED 94-995 TBM 3/26/96 1 COMPLAINT filed (titled Class Action Complaint) (gw) [Entry date 03/28/96] 3/26/96 -- MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Tom McCoun (gw) [Entry date 03/28/96] 3/26/96 -- FILING FEE PAID. Filing Fee $ 120.00 Receipt # 37265 (gw) [Entry date 03/28/96] 3/26/96 2 AFFIDAVIT of Harold Brimacombe Re: [1-1] complaint (gw) [Entry date 03/28/96] 4/1/96 3 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) NOTE: See order of 5/7/96 which amends to Track 3. (gw) [Entry date 04/03/96] 4/5/96 4 MOTION by Harold Brimacombe with memorandum in support to reassign case from track 2 to track three status (gw) [Entry date 04/08/96] 4/8/96 5 NOTICE of filing notice of pendency of class action by Harold Brimacombe. Exhibit attached. (gw) [Entry date 04/09/96] 4/9/96 6 NOTICE of pendency of other actions by Harold Brimacombe (gw) [Entry date 04/10/96] 5/7/96 7 ORDER granting [4-1] motion to reassign case from track 2 to track three status ( Signed by Judge Henry L. Adams Jr. ) ctc (gw) 5/14/96 8 MOTION by Harold Brimacombe to certify class action (gw) [Entry date 05/15/96] 5/14/96 9 MOTION by Harold Brimacombe with memorandum in support for leave to file brief in excess of 20 pages. Proposed brief submitted. (gw) [Entry date 05/15/96] 5/14/96 10 NOTICE of filing unreported case by Harold Brimacombe. Exhibit attached. (gw) [Entry date 05/15/96] 5/31/96 11 MOTION by Dean Witter Discover to transfer case to Judge Merryday (gw) [Entry date 06/03/96] 5/31/96 12 MEMORANDUM by Dean Witter Discover in support of [11-1] motion to transfer case to Judge Merryday. Exhibits attached. (gw) [Entry date 06/03/96] 5/31/96 13 MOTION by Dean Witter Discover to strike [8-1] motion to (gw) [Entry date 06/03/96] 5/31/96 14 MEMORANDUM by Dean Witter Discover in support of [13-1] motion to strike, [13-2] motion (gw) [Entry date 06/03/96] Docket as of April 15, 1998 4:48 am Page 4 Proceedings include all events. 8:96cv593 Brimacombe v. Dean Witter Discover, et al CLOSED MED 94-995 TBM 6/3/96 15 NOTICE of filing executed waivers of service by Harold Brimacombe (gw) [Entry date 06/04/96] 6/3/96 16 WAIVER OF SERVICE Returned Executed as to Dean Witter Discover, acknowledged by John M. Newman, Jr., authorized agent. Answer due on 7/1/96 for Dean Witter Discover (gw) [Entry date 06/04/96] 6/3/96 17 WAIVER OF SERVICE Returned Executed as to Dean Witter Venture, acknowledged by John M. Newman, Jr., authorized agent. Answer due on 7/1/96 for Dean Witter Venture (gw) [Entry date 06/04/96] 6/3/96 18 WAIVER OF SERVICE Returned Executed as to Dean Witter Intercapital, acknowledged by John M. Newman, Jr., authorized agent. Answer due on 7/1/96 for Dean Witter Intercapital (gw) [Entry date 06/04/96] 6/3/96 19 WAIVER OF SERVICE Returned Executed as to Dean Witter U.S.Govt Securities Trust, acknowledged by John M. Newman, Jr., authorized agent. Answer due on 7/1/96 for Dean Witter U.S.Govt Securities Trust (gw) [Entry date 06/04/96] 6/3/96 20 WAIVER OF SERVICE Returned Executed as to Dean Witter Services, acknowledged by John M. Newman, Jr., authorized agent. Answer due on 7/1/96 for Dean Witter Services (gw) [Entry date 06/04/96] 6/3/96 21 WAIVER OF SERVICE Returned Executed as to Dean Witter Distr., acknowledged by John M. Newman, Jr., authorized agent. Answer due on 7/1/96 for Dean Witter Distr. (gw) [Entry date 06/04/96] 6/3/96 22 WAIVER OF SERVICE Returned Executed as to Nationsbank Corp., acknowledged by John M. Newman, Jr., authorized agent. Answer due on 7/1/96 for Nationsbank Corp. (gw) [Entry date 06/04/96] 6/3/96 23 WAIVER OF SERVICE Returned Executed as to Nationsbank of Fla., acknowledged by John M. Newman, Jr., authorized agent. Answer due on 7/1/96 for Nationsbank of Fla. (gw) [Entry date 06/04/96] 6/3/96 24 WAIVER OF SERVICE Returned Executed as to Nationsbank of N.C., acknowledged by John M. Newman, Jr., authorized agent. Answer due on 7/1/96 for Nationsbank of N.C. (gw) [Entry date 06/04/96] 6/3/96 25 WAIVER OF SERVICE Returned Executed as to Nationssecurities, acknowledged by John M. Newman, Jr., authorized agent. Answer due on 7/1/96 for Nationssecurities (gw) [Entry date 06/04/96] Docket as of April 15, 1998 4:48 am Page 5 Proceedings include all events. 8:96cv593 Brimacombe v. Dean Witter Discover, et al CLOSED MED 94-995 TBM 6/3/96 26 WAIVER OF SERVICE Returned Executed as to Nationsbanc Enter. acknowledged by John M. Newman, Jr., authorized agent. Answer due on 7/1/96 for Nationsbanc Enter. (gw) [Entry date 06/04/96] 6/3/96 27 WAIVER OF SERVICE Returned Executed as to Nationsbanc Securities, acknowledged by John M. Newman, Jr., authorized agent. Answer due on 7/1/96 for Nationsbanc Securities (gw) [Entry date 06/04/96] 6/3/96 28 WAIVER OF SERVICE Returned Executed as to Nationsbanc Discount, acknowledged by John M. Newman, Jr., authorized agent. Answer due on 7/1/96 for Nationsbanc Discount (gw) [Entry date 06/04/96] 6/12/96 29 RESPONSE by Harold Brimacombe to [11-1] motion to transfer case to Judge Merryday. (crb) [Entry date 06/13/96] 6/12/96 30 MEMORANDUM by Harold Brimacombe in opposition to [13-1] defendants' motion to strike or hold in abeyance re: [8-1] motion. (crb) [Entry date 06/13/96] 6/19/96 31 ORDER of Judge Reassignment Within Divison. ( Signed by Judge Henry L. Adams Jr. ) ctc (gw) 6/19/96 32 NOTICE OF CASE REASSIGNMENT to the Honorable Judge Steven D. Merryday . Notice to Counsel. (gw) 6/28/96 33 ORDER granting [11-1] motion to transfer case to Judge Merryday denying [13-1] motion to strike [8-1] motion to, denying [13-2] motion, denying [9-1] motion for leave to file brief in excess of 20 pages, denying [8-1] motion to certify class action, consolidating cases into lead case #94-995-Civ-T-23 ( Signed by Judge Steven D. Merryday ) ctc (map) [Entry date 06/29/96] 6/28/96 -- ALL FURTHER PAPERS SHALL BE FILED IN THE LOWER CONSOLIDATED CASE NO., 94-995-CIV-T-23. (map) [Entry date 06/29/96] 6/28/96 -- CONSOLIDATED MEMBER CASE . Lead Case Number: 94-995 (map) [Entry date 06/29/96] 6/28/96 -- **SET mediation flag. (map) [Entry date 06/29/96] 9/8/97 34 ACCELERATED SCHEDULING ORDER setting Deadline for filing of motions 12/1/97 ; Discovery cutoff 11/15/97 ; Jury trial set for 6/1/98 Scheduled for Judge Steven D. Merryday ( signed by Judge Elizabeth A. Kovachevich ) ctc (ma) 2/17/98 35 ORDER AND FINAL JUDGMENT. See order for full details. ( Signed by Judge Steven D. Merryday ) ctc (lw) [Entry date 04/14/98] Docket as of April 15, 1998 4:48 am Page 6 Proceedings include all events. 8:96cv593 Brimacombe v. Dean Witter Discover, et al CLOSED MED 94-995 TBM 4/3/98 -- CASE CLOSED pursuant to order enterd in lead case number 94-995 on 2/23/98. (ma) [END OF DOCKET: 8:96cv593]