According to the docket, on April 19, 2005, the Court entered the Order signed by U.S. District Judge Alan S. Gold administratively closing the case and denying the plaintiffs’ motion to transfer the case to the U.S. District Court for the Southern District of New York.

This case was originally filed in the 11th Judicial Circuit, Miami-Dade County, Florida. The case was removed to the U.S. District Court for the Southern District of Florida in August 2002. On October 25, 2002, the plaintiffs filed an Amended Class action Complaint and the defendants responded by filing motions to dismiss the amended complaint. On February 5, 2003, the Court entered the Order denying Mark Advisors, LLC’s motion to dismiss and granting without prejudice the motion to dismiss by UBS Painewebber, PW Aspen Management and PW Fund Advisor LLC. On March 2, 2003, the plaintiffs filed a Second Amended Class Action Complaint, and the defendants responded by filing motions to dismiss the second amended complaint. On July 2, 2003, the Order entered the Order denying the motions to dismiss the second amended complaint. On December 8, 2003, the defendants filed a motion for summary judgment. On March 31, 2004, the Court entered the Order granting the motion for summary judgment. On May 20, 2004, the case was stayed pending the Eleventh Circuit review and the case was closed. On June 15, 2004, the case was reopened, and, on July 9, 2004, the plaintiffs filed a Third Amended Complaint, and the defendants responded by filing motions to dismiss the third amended complaint.

According to Bloomberg wire services, an action has been filed in the United States District Court for the Southern District of Florida, Case No. 02-22546- CIV-GOLD, on behalf of all persons or entities who purchased Interests of the PW Aspen Fund, LLC between December 1, 1999, and December 31, 2001, inclusive (the "Class Period"). The Complaint alleges that UBS PaineWebber, Inc. ("PaineWebber"), PW Aspen Management, L.L.C. (the "PW Aspen Management"), PW Fund Advisor, L.L.C. ("PW Fund Advisor"), and Mark Advisors, L.L.C. ("Mark Advisors") violated Section 12 of the Securities Act of 1933 (the "Securities Act") by making false and misleading statements as to how they were going to manage the PW Aspen Fund.