According to the docket, on December 12, 2002, the plaintiffs filed a motion to dismiss the action without prejudice against all defendants except Charles Edwards and Jason Edwards. On December 18, 2002, the plaintiffs filed a motion to dismiss with prejudice claims against Charles and Jason Edwards. That day, a joint motion was also filed by the plaintiffs and defendants Charles and Jason Edwards for entry of a settlement bar order. On December 19, 2002, an Endorsed Order was entered granting the motion to dismiss the action without prejudice against all defendants, except the two individual defendants. On February 18, 2003, the Court entered the Settlement Bar Order. According to the Order, Charles Edwards and Jason Edwards entered into a settlement and compromise of their dispute, and the bar order finally discharges all obligations of the defendants in the action. That day, the Court entered the Order signed by U.S. District Judge James S. Moody Jr. granting the motion to dismiss with prejudice claims against Charles Edwards and Jason Edwards. The case was closed.

On February 7, 2002, the Court entered the Order granting in part and denying in part the motion to dismiss the complaint. Plaintiffs were permitted twenty days to file an amended complaint. On April 10, 2002, the Plaintiffs filed a First Amended Complaint.

The original complaint charges these Defendants with violating federal and state securities laws by selling unregistered securities through unregistered agents and making material statements of facts which were untrue, or which omitted material facts which were necessary in order to make the statements made not misleading in light of the circumstances under which they were made. Specifically, this class action lawsuit asserted claims on behalf of persons who were solicited and purchased payphone agreements from ETS Payphones, Inc. in Florida or otherwise Invested in ETS Payphones, Inc. in Florida by purchasing payphone agreements by or through Hayes Financial Group, Inc. and the other defendants listed below.

Other defendants: Charles E. Edwards, Jason Edwards, Hayes Financial Group, Inc. ("HFG"), Curtis G. Hayes, Oxford Financial of Pinellas, Inc., Steve Rodd, Epic Planning Group, Inc., Robert S. Baldwin, Richard Southerland, Spryng T. Southerland, and Insurance Associates Services, Inc., National Communications Marketing, Inc., Thomas E. Murray, Warren Dibell, Suncoast Insurance & Financial Services, Inc., Reliance Trust Company, Gilbert Peters, William J. Webb, Inland Restoration Funding, Inc., Personal Risk Management Associates, Inc., and John Guba.