Case docket was last updated on: 08/24/00. Docket as of August 24, 2000 8:05 pm Page 1 Proceedings include all events. 4:00cv2655 Francola v. BMC Software Inc, et al U.S. District Court TXS - Southern District of Texas (Houston) CIVIL DOCKET FOR CASE #: 00-CV-2655 Francola v. BMC Software Inc, et al Filed: 08/02/00 Assigned to: Judge Lynn N. Hughes Jury demand: Plaintiff Demand: $0,000 Nature of Suit: 850 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 15:78m(a) Securities Exchange Act DEAN FRANCOLA, on Behalf of Thomas E Bilek Himself and All others 713-227-9404 fax Similarly Situated [COR LD NTC] plaintiff Hoeffner Bilek & Eidman 440 Louisiana Ste 720 Houston, TX 77002-1634 713-227-7720 v. BMC SOFTWARE INC Charles W Schwartz defendant 713-615-5504 fax [COR LD NTC] Vinson & Elkins 1001 Fannin Ste 2300 Houston, TX 77002-6760 713-758-3852 WILLIAM M AUSTIN Charles W Schwartz defendant (See above) [COR LD NTC] ROBERT E BEAUCHAMP Charles W Schwartz defendant (See above) [COR LD NTC] GARLAND B CUPP Charles W Schwartz defendant (See above) [COR LD NTC] LEW GRAY Charles W Schwartz Docket as of August 24, 2000 8:05 pm Page 2 Proceedings include all events. 4:00cv2655 Francola v. BMC Software Inc, et al defendant (See above) [COR LD NTC] BRINKLEY MORSE Charles W Schwartz defendant (See above) [COR LD NTC] MAX P WATSON Charles W Schwartz defendant (See above) [COR LD NTC] Docket as of August 24, 2000 8:05 pm Page 3 Proceedings include all events. 4:00cv2655 Francola v. BMC Software Inc, et al 8/2/00 1 COMPLAINT by Dean Francola filed; FILING FEE $ 150.00 RECEIPT # 502554 (bj) [Entry date 08/03/00] 8/2/00 2 Order setting Initial Pretrial and Scheduling Conference on 1:30 10/20/00 before Judge Nancy F. Atlas and Order to Disclose Interested Persons, filed. ( Signed by Judge Nancy F. Atlas ) Parties notified. (bj) [Entry date 08/03/00] 8/11/00 3 CERTIFICATE OF FINANCIALLY INTERESTED PARTIES by Pltf Dean Francola, filed. (ks) 8/14/00 4 ORDER OF RECUSAL, entered; Parties notified. ( signed by Judge Nancy F. Atlas ) Case reassigned to Judge Ewing Werlein, Jr (hl) [Entry date 08/15/00] 8/15/00 5 UNOPPOSED MOTION to extend time to answer by BMC Software Inc, William M Austin, et al, Motion Docket Date 9/4/00 [5-1] motion , filed. (lt) 8/21/00 6 ORDER OF RECUSAL, entered; Parties notified. (signed by Judge Ewing Werlein, Jr). Case reassigned to Judge Lynn N. Hughes (sg) 8/22/00 -- Rec'd and fwd to CRD: Charles W. Schwartz's letter informing the court that the Francola case makes allegations identical to those raised against the defts in the Aggio case. (ym) [Entry date 08/23/00] 8/23/00 7 ORDER for Conference set pretrial conference for 3:00 10/23/00 before Judge Lynn N. Hughes , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ym) 8/24/00 -- Deadline updated; set review deadline for 9/18/00 before Judge Lynn N. Hughes (per JH). (dw) 8/24/00 8 ORDER granting Defts' [5-1] unopposed motion to extend time to answer; Defts need not respond to the complaint until they are required by a scheduling order to answer, plead or otherwise move, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ks) [END OF DOCKET: 4:00cv2655]