According to the Order from the Seventh Circuit Court of Appeals, entered on May 13, 2002, the appeal was dismissed, upon consideration of the motion to dismiss filed by the appellant on May 8, 2002. The Notice of Appeal was initially filed on September 26, 2001 by the Class Members and Proposed Class Members. Earlier, on February 13, 2001, U.S. District Judge Suzanne B. Conlon granted the Plaintiffs' motion for preliminary approval of proposed class action settlement. On November 7, 2000, the Court entered a Judgment for the Defendant Deloitte & Touche LLP and against the plaintiff class. On November 3, 2000, Judge Conlon issued a Minute Order reporting that the case was settled as to all defendants except Deloitte & Touche. On September 27, 1999, Judge Conlon granted the motion to dismiss as to Count II and the individual defendants and denied in part the motions in all other respects.

On February 1, 1999, the case was interdistrict transferred to the U.S. District Court for the Northern District of Illinois. The original complaint alleges that the defendants violated Sections 11, 12 and 15 of the Securities Act of 1933 and Sections 10(b) and 20(a) of Securities Exchange Act of 1934 by issuing false and misleading statements regarding the company's business operations, financial condition and performance.