According to the Final Judgment entered on June 14, 2002, U.S. District Judge Dennis M. Cavanaugh awarded attorney's fees in the sum of $299,320.00 and costs in the sum of $27,040.00 in favor of plaintiffs' counsel. The Court further entered the Final Judgment and Dismissal with Prejudice, granting the application by plaintiff's counsel for Certification of the proposed class, final approval of the proposed settlement and an award of attorney's fees, costs and expenses, and granting the application for permanent injunction as to all settlement class members dismissing all claims against defendants.

The complaint charges the Individual Defendants participated in the drafting, preparation, and/or approval of the various public and shareholder and investor reports and other communications complained of herein and were aware of or recklessly disregarded the misstatements contained therein and omissions therefrom, and were aware of their materially false and misleading nature. Due to of their Board membership and/or executive and managerial positions with the Company, each of the Individual Defendants had access to the adverse undisclosed information about the Company's business, operations and financial condition and performance as particularized herein and knew or recklessly disregarded that these adverse facts rendered the positive representations made by or about the Company materially false and misleading.