According to the docket dated November 20, 2003, on August 28, 2001, the Court entered the Order of Dismissal by U.S. District Judge David Folsom granting the Defendants’ motion to dismiss the complaint. The plaintiffs did not file a replead within the allowed 30 days and so the action was dismissed with prejudice and the case closed.

The Complaint charges HCB and certain officers and directors of the Company during the relevant time period with violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, by, among other things, issuing to the investing public false and misleading financial statements and press releases concerning HCB's earnings. Because of the issuance of a series of false and misleading financial statements and press release concerning HCB's financial results, the price of HCB securities were artificially inflated during the Class Period.