Morgan Stanley Dean Witter & Co. ("MSDWI" or the Company) is the broker-dealer subsidiary of Morgan Stanley. MSDWI has a sales organization that covers the US, offering an extensive menu of investment services and products. MSDWI serves its parent's investment advisory services, institutional securities, and individual investment businesses.

The Complaint alleges that the Defendants violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, and Section 20(a) of the Exchange Act, by issuing favorable research reports on Atmel without disclosing that they had been paid by Atmel for issuing the reports.

On September 24, 2003, the Court entered the Stipulation and Order signed by U.S. District Judge Richard Owen consolidating three cases under In re Morgan Stanley & Co., Inc. and UBS Warburg LLC Analyst Reports Litigation (ATMEL Corporation), 03cv4109(RO). Charles Krassmann and Ronald C. Sullivan were appointed as lead Plaintiffs, and lead Plaintiffs' selection of Rabin, Murray & Frank, LLP, Weiss & Yourman, and Shapiro, Haber & Urmy, LLP as Co-Lead Counsel was approved. On December 5, 2003, an amended Complaint was filed.

On February 2, 2004, the Plaintiffs filed a Notice of Voluntary Dismissal pursuant to Rule 41(a)(1) of the F.R.C.P. The action was voluntarily dismissed this action without prejudice and without costs.