On December 23, 2002, the Court entered the Case Management Order #1. According to the Order, the actions filed on behalf of purchasers of the common stock of Inktomi Corporation were consolidated and now carried out under In re Merrill Lynch & Co., Inc. Inktomi Corporation Research Reports Securities Litigation, 02-CV-6916 (MP). further, according to the Order, the remaining claims on behalf of purchasers of the common stock of Inktomi Corporation shall be consolidated and shall be carried in the Clerk's office and known as the In re Morgan Stanley Dean Witter & Co. Inktomi Corporation Research Reports Securities Litigation, 02-CV-7388 (MP). On March 14, 2003, an Amended Complaint was filed. On October 21, 2005, a Notice of Voluntary Dismissal was filed pursuant to Rule 41(a)(1) of the F.R.C.P.

According to a Press Release dated September 19, 2002, the complaint charges Defendants with issuing misleading analyst reports about Inktomi. Specifically, the complaint alleges that Defendants urged investors to purchase Inktomi stock when defendants knew or should have known that such purchases were not a good investment. The complaint alleges that defendants issued "Buy" recommendations about Inktomi without any rational economic basis; failed to disclose that they were issuing "Buy" recommendations to obtain investment banking business; and concealed significant, material conflicts of interests that prevented them from
providing independent objective analysis.