United States District Court Western District of Michigan (Grand Rapids) CIVIL DOCKET FOR CASE #: 1:03-cv RAE

Transcription

1 Page 1 of 30 United States District Court Western District of Michigan (Grand Rapids) CIVIL DOCKET FOR CASE #: 1:03-cv RAE Quilling v. Trade Partners, Inc. et al Assigned to: Judge Richard Alan Enslen Referred to: Demand: $ Lead Docket: None Related Cases: None Case in other court: None Cause: 28:1332 Diversity-Breach of Fiduciary Duty Date Filed: 04/08/03 Jury Demand: Plaintiff Nature of Suit: 190 Contract: Other Jurisdiction: Diversity plaintiff Michael J. Quilling represented by Arthur F. Selander Quilling, Selander, Cummiskey & Lownds, PC 2001 Bryan St., Ste Dallas, TX (214) aselander@qsclpc.com V. intervenor-plaintiff Peter Sturrus represented by William S. Farr Farr, Oosterhouse & Krissoff 125 Ottawa Ave., NW, Ste. 333 Grand Rapids, MI (616) Fax : (616) wsfarr@ameritech.net James Moskal Warner, Norcros & Judd LLP 900 Fifth Third Center 111 Lyon St., NW Grand Rapids, MI (616) jmoskal@wnj.com TERMINATED: 05/22/2003

2 Page 2 of 30 V. defendant Trade Partners, Inc. represented by Robert F. Wardrop, II Wardrop & Wardrop 300 Ottawa Ave., NW, Ste. 150 Grand Rapids, MI (616) Bruce S. Kramer Borod & Kramer, P.C. 245 Wagner Pl., Ste. 350 Memphis, TN (901) bkramer@borodandkramer.com Macatawa Bank Corporation TERMINATED: 04/21/2003 Grand Bank TERMINATED: 04/21/2003 Thomas J. Smith TERMINATED: 06/17/2003 Christine M. Zmudka TERMINATED: 06/17/2003 objector Continental Casualty Valley Forge Life Insurance CNA Life Insurance Smith, Koning, VanWagoner, Beck & Shinar, P.C. 550 West Centre Avenue Portage, MI (269) represented by James R. Shinar

3 Page 3 of 30 Pacific Life Insurance Prudential Insurance of America Aegon USA, Inc. Academy Life Insurance Bankers United Life Assurance nka Life Investors Insurance of America J.C. Penney Life Insurance nka Stonebridge Life Insurance Life Investors Insurance of America Monumental Life Insurance Transamerica Assurance

4 Page 4 of 30 Transamerica Life Insurance Veterans Life Insurance Western Reserve Life Assurance Co. of Ohio New York Life Insurance American United Life Insurance Pioneer Mutual Life Insurance State Life Insurance, The Canada Life Assurance, The Canada Life Insurance, The Canada Life Insurance of America

5 Page 5 of 30 Canada Life Insurance of New York Crown Life Insurance Greatwest Life Assurance Greatwest Life Assurance and Annuity Sun Life Assurance of Canada Aetna Life Insurance Massachusetts Mutual Life Insurance John Hancock Mutual Life Insurance Conseco Life Insurance United Presidential Life Insurance Massachusetts General Life Insurance represented by Michael G. Vartanian Dickinson Wright, PLLC (Ann Arbor) 101 N Main, Ste. 535 Ann Arbor, MI (734)

6 Page 6 of 30 Philadelphia Life Insurance Equitable Life Assurance Society of the United States, The Columbian Mutual Life Insurance AETNA Life Insurance and Annuity Life Insurance of North America CIGNA Life Insurance of New York Connecticut General Life Insurance Transamerica Occidental Life Insurance Transamerica Life Insurance of New York Providian Life & Health Insurance, N/K/A Peoples Benefit Life Insurance Commonwealth Life Insurance AUSA Life Insurance represented by Ronald E Baylor Miller, Canfield, Paddock & Stone, PLC (Kalamazoo) 444 W Michigan Ave. Kalamazoo, MI (269) baylor@millercanfield.com

7 Page 7 of 30 Furr, J. W. Radio Columbus, Inc. Furr Investments, LLC Principal Life Insurance United of Omaha Life Insurance, for Itself and Certain Policy(ies) Administered for AAA Life Insurance Mutual of Omaha Insurance Companion Life Insurance of New York represented by Stephen M. Denenfeld Lewis Allen, PC 800 Fifth Third Bldg. 136 E Michigan Ave. Kalamazoo, MI (269) Fax : (269) sdenenfeld@lewisreedallen.com represented by Stephen M. Denenfeld represented by Stephen M. Denenfeld represented by Thomas F. Blackwell Smith, Haughey, Rice & Roegge, PC (Grand Rapids) 200 Calder Plaza Bldg. 250 Monroe Ave., NW Grand Rapids, MI (616) tblackwell@shrr.com represented by James E. Brenner Clark Hill PLC (Detroit) 500 Woodward Ave., Ste Detroit, MI (313) represented by James E. Brenner represented by James E. Brenner V. intervenor

8 Page 8 of 30 Royal Maccabees Life Ins. Southwestern Life Insurance ReliaStar Life Insurance of New York represented by John H. Schomer Marcoux, Allen, Abbott, Schomer & Bower, P.C. 145 S Jackson St. P.O. Box 787 Jackson, MI (517) pbates@marcouxallen.com represented by John H. Schomer represented by Hans H.J. Pijls Plunkett & Cooney, P.C. (Detroit) 535 Griswold St., Ste Detroit, MI (313) fka ReliaStar Bankers Security Life Insurance fka Bankers Security Life Insurance Society Security Connecticut Life Insurance Southland Life Insurance Security Life of Denver Insurance ReliaStar Life Insurance represented by Hans H.J. Pijls represented by Hans H.J. Pijls represented by Hans H.J. Pijls represented by Hans H.J. Pijls

9 Page 9 of 30 fka Northwestern National Life Insurance Life Insurance of Georgia Equitable Life Insurance of Iowa VL Southgate Building Corp. represented by Hans H.J. Pijls represented by Hans H.J. Pijls represented by Christopher E. Tracy Howard & Howard Attorneys, P.C. (Kalamazoo) 100 Portage St., Ste. 200 Kalamazoo, MI (269) ctracy@howardandhoward.com V. interested party Wallie Jean Taber Frank Taber James W. Bouwens represented by Patrick F. Geary Smith, Haughey, Rice & Roegge, PC (Grand Rapids) 200 Calder Plaza Bldg. 250 Monroe Ave., NW Grand Rapids, MI (616) pgeary@shrr.com represented by Patrick F. Geary represented by Ronald J. Vander Veen Cunningham Dalman, PC 321 Settlers Rd. P.O. Box 1767

10 Page 10 of 30 Holland, MI (6l6) Fax : (616) jessica@holland-law.com Kirk W. Gay represented by Kirk W. Gay 508 Jamboree Way Euless, TX (817) PRO SE Multitrust International, Inc. represented by Multitrust International, Inc. Paul Correa-Gaviria N. Kendall Dr., Suite 106 Miami, FL (305) PRO SE Independence Financial Services represented by Independence Financial Services 324 Washington, #103 P.O. Box 711 Grand Haven, MI (616) PRO SE John M. Wermuth represented by John M. Wermuth 915 Katherine Drive Elm Grove, WI PRO SE Carl Tribble represented by Carl Tribble 2223 Timberwood Dr SE Kentwood, MI PRO SE Macatawa Bank Corporation, interested party ReliaStar Life Insurance represented by J. A. Cragwall, Jr. Warner, Norcross & Judd, LLP (Grand Rapids) 900 Fifth Third Ctr. 111 Lyon St., NW Grand Rapids, MI (616) jcragwall@wnj.com represented by Hans H.J. Pijls

11 Page 11 of 30 Clarence Smith Richard Backer represented by Michael G. Walsh Family Law Center of West Michigan PLC 8 W. Walton Ave. P.O. Box 1601 Muskegon, MI (231) michaelgwalsh@justice.com represented by Michael G. Walsh V. receiver Bruce S. Kramer represented by Quitman R. Ledyard Borod & Kramer, P.C. 245 Wagner Pl., Ste. 350 Memphis, TN (901) Bruce S. Kramer V. examiner Steven A. Harr represented by Steven A. Harr Munsch Hardt Kopf & Harr PC 1445 Ross Ave., Ste Dallas, TX (214) Fax : (214)

12 Page 12 of 30 Bruce S. Kramer Filing Date # Docket Text 04/08/ COMPLAINT and Request for Appointment of a Receiver against Grand Bank, Macatawa Bank Corporation, Thomas J. Smith, Trade Partners, Inc., Christine M. Zmudka filed by Michael J. Quilling (Attachments: # 1 Exhibit A# 2 Affidavit Larry W. Tyler# 3 Exhibit 1 to Afdt L. Tyler# 4 Affidavit Stephen Tomasky# 5 Exhibit A to Afdt of S. Tomasky# 6 Affidavit Michael J. Quilling# 7 Exhibit A to Afdt of M. Quilling# 8 Exhibit 2 to Afdt of M. Quilling) (rlw, ); Attachment 8 SEALED pursuant to order 6/18/03 (Additional attachment(s) added on 6/30/2003 (krv)) (Entered: 04/14/2003) 04/08/2003 RECEIPT: in the amount of $150.00, receipt number ; for filing fee (rlw, ) (Entered: 04/14/2003) 04/08/2003 SUMMONS ISSUED as to Grand Bank ; Macatawa Bank Corporation ; Thomas J. Smith ; Trade Partners, Inc. ; Christine M. Zmudka (rlw, ) (Entered: 04/14/2003) 04/08/ PROPOSED ORDER regarding appointing receiver by plaintiff Michael J. Quilling, defendant Trade Partners, Inc. (rlw, ) (Entered: 04/14/2003) 04/10/ Joint MOTION for order Delaying Consideration/Entry of Order Appointing Receiver by defendant Trade Partners, Inc., plaintiff Michael J. Quilling ; (Attachments: # 1 Proposed Order Agreed Order Appointing Receiver) (tlb, ) Modified on 6/17/2003 (tlb, ). (Entered: 04/16/2003) 04/14/ NOTICE REGARDING PUBLIC ACCESS directed to Arthur F. Selander, Robert F. Wardrop, II (rlw, ) (Entered: 04/14/2003) 04/14/ MOTION to withdraw His Name From Consideration as a Receiver for Trade Partners, Inc. by receiver Phillip S. Stenger ; (tlb, ) (Entered: 04/17/2003) 04/14/ PROOF OF SERVICE by plaintifffor Motion to Withdraw His Name From Consideration As a Receiver for Trade Partners, Inc. (tlb, ) Modified on 4/23/2003 (tlb, ). (Entered: 04/17/2003) 04/15/ Joint MOTION to appoint receiver by plaintiff Michael J. Quilling, defendant Trade Partners, Inc. ; (rlw, ) (Entered: 04/15/2003)

13 Page 13 of 30 04/15/ PROPOSED STIPULATION and ORDER re 4 appointing receiver by plaintiff Michael J. Quilling, defendant Trade Partners, Inc. (rlw, ) (Entered: 04/15/2003) 04/15/ ORDER granting STIPULATION 5 appointing Bruce S. Kramer as Receiver; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, blb) (Entered: 04/15/2003) 04/16/2003 Copy of Order on Stipulation and Proposed Order6 sent via U.S. Mail to Selander, Wardrop (tlb, ) (Entered: 04/16/2003) 04/18/ MOTION to transfer case and Notification of Related Proceeding by plaintiff ; (Attachments: # 1 Proposed Order) (tlb, ) Modified on 4/23/2003 (tlb, ). (Entered: 04/22/2003) 04/21/ ORDER finding as moot 7 agreed motion to delay consideration/entry of order appointing receiver; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 04/21/2003) 04/21/ NOTICE OF VOLUNTARY DISMISSAL as to Macatawa Bank Corporation (tlb, ) (Entered: 04/23/2003) 04/22/2003 Copy of Order on Motion for Order10 sent via U.S. Mail to Horjus, Selander, Wardrop (tlb, ) (Entered: 04/22/2003) 04/22/ ATTORNEY APPEARANCE of Bruce S. Kramer on behalf of defendant Trade Partners, Inc. and as Receiver (tlb, ) Modified on 4/24/2003 (tlb, ). (Entered: 04/24/2003) 04/25/ MOTION to intervene and to Modify Order Appointing Receiver (Attachments: # 1 Exhibit EXHIBIT A# 2 Exhibit EXHIBIT B) (Moskal, James) (Entered: 04/25/2003) 04/25/ BRIEF in support of 14 Motion to Intervene and to Modify Order Appointing Receiver filed by Peter Sturrus (Attachments: # 1 Exhibit EXHIBIT A# 2 Exhibit EXHIBIT B) (Moskal, James) (Entered: 04/25/2003) 04/25/ PROOF OF SERVICE by intervenor-plaintiff Peter Sturrus re 14 Motion and Brief in Support of Motion to Intervene and to Modify Order Appointing Receiver (Moskal, James) (Entered: 04/25/2003) 04/30/ MOTION for order directing Insurance Companies to Provide Information, to Change Ownership of Policies and to Stay Policy Lapses by receiver Bruce S. Kramer ; (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (tlb, ) Additional attachment(s) added on

14 Page 14 of 30 5/5/2003 (tlb, ). (Entered: 05/05/2003) 04/30/ MEMORANDUM in support of 17 Motion to Require Insurance Companies to Provide Information, to Change Ownership of Policies and to Stay Policy Lapses filed by Bruce S. Kramer (tlb, ) (Entered: 05/05/2003) 05/05/ RESPONSE in opposition re 14 Peter Sturrus' Motion to Intervene and to Modify Order Appointing Receiver filed by Michael J. Quilling (tlb, ) (Entered: 05/06/2003) 05/07/ ORDER denying PROPOSED ORDER 2 requesting appointment of Phillip S. Stenger, granting 4 joint motion to appoint receiver Bruce S. Kramer; and granting 8 Phillip S. Stenger's motion to withdraw his name from consideration; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, blb) (Entered: 05/07/2003) 05/07/ ORDER granting 11 notification of related proceeding and request to transfer case; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 05/07/2003) 05/09/2003 Copy of Order on Proposed Order,, Order on Motion to Appoint Receiver,, Order on Motion to Withdraw, 20, Order on Motion to Transfer Case21 sent via U.S. Mail to B. Kramer, R. Wardrop (rlw, ) (Entered: 05/09/2003) 05/09/ SUPPLEMENT re 14 BRIEF IN SUPPORT OF MOTION BY PETER STURRUS TO INTERVENE AND TO MODIFY ORDER APPOINTING RECEIVER by intervenor-plaintiff Peter Sturrus (Attachments: # 1 Exhibit A) (Moskal, James) (Entered: 05/09/2003) 05/09/ PROOF OF SERVICE by intervenor-plaintiff Peter Sturrus re 14 SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION BY PETER STURRUS TO INTERVENE AND TO MODIFY ORDER APPOINTING RECEIVER (Moskal, James) (Entered: 05/09/2003) 05/12/ RESPONSE in opposition re 14 to Motion by Peter Sturrus to Intervene and to Modify Order Appointing Receiver filed by Bruce S. Kramer (tlb, ) (Entered: 05/14/2003) 05/12/ ADMINISTRATIVE ORDER No that this case is reassigned to Judge Gordon J. Quist for all further proceedings; Judge Richard Alan Enslen to be assigned another case pursuant to approved procedure ; signed by Chief Judge Robert Holmes Bell (tlb, ) (Entered: 05/16/2003) 05/16/2003 Copy of Administrative Order Reassigning Case, 25 sent via U.S.

15 Page 15 of 30 Mail to Wardrop (tlb, ) (Entered: 05/16/2003) 05/16/ NOTICE re 17 by receiver Bruce S. Kramer (Attachments: # 1 Certificate of Service for Insurance Companies# 2 Letter regarding Attached to Order Rejecting) (mrs, ) (Entered: 06/05/2003) 05/21/ ORDER REJECTING PLEADING (proposed motion to Clarify and/or Modify Agreed Order and Supporting Brief) ; signed by Magistrate Judge Hugh W. Brenneman Jr. (Attachments: # 1 Proposed Document) (elc, ) (Entered: 05/22/2003) 05/21/2003 Copy of Order Rejecting Pleading 26 sent via U.S. Mail to atty Wardrop; original pleadings returned to atty Quitman R. Ledyard (elc, ) (Entered: 05/22/2003) 05/22/ ADMINISTRATIVE ORDER No that this case is reassigned to Judge Richard Alan Enslen for all further proceedings; ; signed by Chief Judge Robert Holmes Bell (elc, ) (Entered: 05/22/2003) 05/22/ STIPULATION AND ORDER granting substitution of counsel ; signed by Judge Gordon J. Quist (elc, ) (Entered: 05/22/2003) 05/22/2003 Copy of Stipulation and Order re substitution of counsel 28] sent via U.S. Mail to atty Wardrop (elc, ) (Entered: 05/22/2003) 05/22/ Emergency MOTION for order (named as Authority to Enter Into an Agreement for Premium Funding) w/cert of svc by receiver Bruce S. Kramer ; (gjf, ) (Entered: 05/22/2003) 05/22/ NOTICE REGARDING PUBLIC ACCESS directed to atty Farr (elc, ) (Entered: 05/22/2003) 05/22/ MEMORANDUM in support of 29 filed by Bruce S. Kramer (Attachments: # 3 Exhibit C # 4 Exhibit A # 5 Exhibit B ) (gjf, ); Attachments 1 and 2 removed and SEALED per order 6/18/03 (Additional attachment(s) 4 and 5 added to replace 1 and 2 on 6/30/2003 (krv)) (Entered: 05/22/2003) 05/22/ EXPERT REPORT (named as FIRST INTERIM REPORT) of Receiver Bruce S. Kramer submitted for filing by receiver Bruce S. Kramer (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5) (gjf, ) Modified on 5/22/2003 (gjf, ). (Entered: 05/22/2003) 05/23/ ORDER granting 29 Defendant Trade Partners, Inc.'s emergency motion, authorizing Receiver to enter into a loan with Macatawa Bank; signed by Judge Richard Alan Enslen (Judge Richard Alan

16 Page 16 of 30 Enslen, blb) (Entered: 05/23/2003) 05/23/2003 Copy of Order on Motion for Order33 sent via U.S. Mail to W. Farr, R. Wardrop (rlw, ) (Entered: 05/23/2003) 05/23/ MOTION to intervene to respond to receiver's motion w/memorandum in support and cert of svc (elc, ) Modified on 5/28/2003 (elc, ). Modified on 5/28/2003 (elc, ). Additional attachment(s) added on 5/28/2003 (elc, ). (Entered: 05/28/2003) 05/28/ ATTORNEY APPEARANCE of James R. Shinar on behalf of objectors Academy Life Insurance, Aegon USA, Inc., Aetna Life Insurance, American United Life Insurance, Bankers United Life Assurance, CNA Life Insurance, Canada Life Assurance, The, Canada Life Insurance of America, Canada Life Insurance of New York, Canada Life Insurance, The, Continental Casualty, Crown Life Insurance, Greatwest Life Assurance, Greatwest Life Assurance and Annuity, J.C. Penney Life Insurance, Life Investors Insurance of America, Monumental Life Insurance, New York Life Insurance, Pacific Life Insurance, Pioneer Mutual Life Insurance, Prudential Insurance of America, State Life Insurance, The, Sun Life Assurance of Canada, Transamerica Assurance, Transamerica Life Insurance, Valley Forge Life Insurance, Veterans Life Insurance, Western Reserve Life Assurance Co. of Ohio (bd, ) (Entered: 05/30/2003) 05/28/ RESPONSE (OBJECTION) to Motion 17 Requiring Insurance Companies to Provide Information, to Change Ownership of Policies and to Stay Policy Lapses by objectors Academy Life Insurance, Aegon USA, Inc., Aetna Life Insurance, American United Life Insurance, Bankers United Life Assurance, CNA Life Insurance, Canada Life Assurance, The, Canada Life Insurance of America, Canada Life Insurance of New York, Canada Life Insurance, The, Continental Casualty, Crown Life Insurance, Greatwest Life Assurance, Greatwest Life Assurance and Annuity, J.C. Penney Life Insurance, Life Investors Insurance of America, Massachusetts Mutual Life Insurance, Monumental Life Insurance, New York Life Insurance, Pacific Life Insurance, Pioneer Mutual Life Insurance, Prudential Insurance of America, State Life Insurance, The, Sun Life Assurance of Canada, Transamerica Assurance, Transamerica Life Insurance, Valley Forge Life Insurance, Veterans Life

17 Page 17 of 30 Insurance, Western Reserve Life Assurance Co. of Ohio (Attachments: # 1 Exhibit A# 2 Certificate of Service) (bd, ) Modified on 6/10/2003 (mrs, ). (Entered: 06/04/2003) 06/03/ RESPONSE to motion re 17 requiring insurance complainies to provide information, to change ownership of policies and to stay policy lapses filed by Massachusetts Mutual Life Insurance (mrs, ) (Entered: 06/04/2003) 06/03/ PROOF OF SERVICE by objector Massachusetts Mutual Life Insurance re 36 (mrs, ) (Entered: 06/04/2003) 06/04/ SUPPLEMENT re 38 Objection to receiver's motion to require insurance companies to provide information, to change ownership of policies and to stay policy lapses by objectors Academy Life Insurance, Aegon USA, Inc., Aetna Life Insurance, American United Life Insurance, Bankers United Life Assurance, CNA Life Insurance, Canada Life Assurance, The, Canada Life Insurance of America, Canada Life Insurance of New York, Canada Life Insurance, The, Continental Casualty, Crown Life Insurance, Greatwest Life Assurance, Greatwest Life Assurance and Annuity, J.C. Penney Life Insurance, Life Investors Insurance of America, Massachusetts Mutual Life Insurance, Monumental Life Insurance, New York Life Insurance, Pacific Life Insurance, Pioneer Mutual Life Insurance, Prudential Insurance of America, State Life Insurance, The, Sun Life Assurance of Canada, Transamerica Assurance, Transamerica Life Insurance, Valley Forge Life Insurance, Veterans Life Insurance, Western Reserve Life Assurance Co. of Ohio (mrs, ) (Entered: 06/05/2003) 06/05/ NOTICE REGARDING PUBLIC ACCESS directed to attys Kramer, Shinar, Vartanian, and Ledyard (mrs, ) (Entered: 06/05/2003) 06/05/ MOTION to clarify re 6 Order Appointing Receiver by receiver Bruce S. Kramer ; (Attachments: # 1 Copy of Order Rejecting Pleading# 2 Proposed Order) (mrs, ) (Entered: 06/05/2003) 06/05/ MEMORANDUM in support of 42 motion to clarify or modify Order appointing receiver filed by Bruce S. Kramer (Attachments: # 1 Exhibit A# 2 Exhibit B) (mrs, ) (Entered: 06/05/2003) 06/05/ NOTICE OF MOTION HEARING regarding document numbers 14 and 34: motion hearing set for 6/26/2003 at 02:00 PM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S.

18 Page 18 of 30 Carmody; (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 06/05/2003) 06/06/2003 Copy of Notice of Motion Hearing44 sent via U.S. Mail to attys Farr, Ledyard, Shinar, Vartanian, Wardrop, (mrs, ) (Entered: 06/06/2003) 06/06/ LETTER from Bruce Kramer, Receiver for Trade Partners, on behalf of others requesting a Pretrial Scheduling Conference (mrs, ) (Entered: 06/09/2003) 06/06/ RESPONSE to motion re 34 to intervene filed by Bruce S. Kramer (mrs, ) Modified on 6/10/2003 (mrs, ). (Entered: 06/10/2003) 06/06/ REPLY to response to motion re 17 requiring insurance companies to provide information filed by Bruce S. Kramer (mrs, ) (Entered: 06/10/2003) 06/10/ ATTORNEY APPEARANCE of Ronald E Baylor on behalf of The Equitable Life Assurance Society of the United States (mrs, ) Modified on 6/10/2003 (mrs, ). (Entered: 06/10/2003) 06/10/ PROOF OF SERVICE by objector Equitable Life Assurance Society of the United States, The re 48 (mrs, ) (Entered: 06/10/2003) 06/10/ NOTICE REGARDING PUBLIC ACCESS directed to atty Baylor (mrs, ) (Entered: 06/10/2003) 06/10/ EMERGENCY MOTION for instructions and authority to use policy proceeds (EXPEDITED CONSIDERATION REQUESTED) w/certificate of service by receiver Bruce S. Kramer (mrs, ) (Entered: 06/11/2003) 06/10/ MEMORANDUM in support of 51 Emergency Motion for instructions and authority to use policy proceeds w/certificate of service filed by Bruce S. Kramer (Attachments: # 1 Exhibit 1# 2 Exhibit 2) (mrs, ) (Entered: 06/11/2003) 06/10/ LETTER from Jefferson Pilot Financial regarding receiver's moton requiring insurance companies to provide information (mrs, ) (Entered: 06/11/2003) 06/10/ FIRST INTERIM MOTION to allow and pay receiver's fees and expenses and attorneys' and other professional fees and expenses, and brief in support by receiver Bruce S. Kramer (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4) (mrs, ) Modified on 7/14/2003 (mrs, ). (Entered: 06/12/2003)

19 Page 19 of 30 06/10/ RESPONSE to motion re 42 clarify and/or modify agreed order appointing receiver filed by Trade Partners, Inc. (mrs, ) (Entered: 06/12/2003) 06/11/ RESPONSE to motion re 51 instruction and authority to use policy proceeds filed by Trade Partners, Inc. (mrs, ) (Entered: 06/12/2003) 06/11/ (RESPONSE) ANSWER to complaint and request for appointment of a receiver combined with brief in support by Trade Partners, Inc. (mrs, ) (Entered: 06/12/2003) 06/12/ ORDER re 51 Emergency Motion for Instructions and Authority to Use Policy Proceeds; Bruce S. Kramer shall immediately provide notice of his Emergency Motion and this Order to all interested parties; any interested party desiring to be heard shall file a responsive memorandum by June 16, 2003, at 5:00 with the Clerk in Kalamazoo, MI; the Emergency Motion will be heard on June 18, 2003 at 9:00 a.m.; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, blb) (Entered: 06/12/2003) 06/12/2003 Copy of Order, 54 sent via U.S. Mail to attys Farr, Ledyard, Shinar, Vartanian and Wardrop (mrs, ) (Entered: 06/13/2003) 06/12/ NOTICE of filing of their application for leave to intervene, and intervenor's proposed moton to partially vacate Order granting receiver's emergency motion (mrs, ) (Entered: 06/16/2003) 06/12/ MOTION to intervene and proposed motion to partially vacate Order granting receiver's emergency motion by interested parties Frank Taber, Wallie Jean Taber ; (mrs, ) (Entered: 06/16/2003) 06/12/ MEMORANDUM in support of 62 motion to intervene filed by Frank Taber, Wallie Jean Taber (Attachments: # 1 Exhibit A) (mrs, ) (Entered: 06/16/2003) 06/13/ SUPPLEMENT re 38 Objection to receiver's motion to require insurance (mrs, ) (Entered: 06/16/2003) 06/13/ RESPONSE to motion re 57 to allow and pay receiver's fees and expenses w/cert of svc filed by Michael J. Quilling (mrs, ) (Entered: 06/16/2003) 06/13/ RESPONSE to motion re 51 for instructions and authority to use policy proceeds w/cert of svc filed by Michael J. Quilling (mrs, ) Additional attachment(s) added on 6/16/2003 (mrs, ). (Entered: 06/16/2003)

20 Page 20 of 30 06/13/ RESPONSE to motion re 42 clarity and/or modify agreed Order appointing receiver w/cert of svc filed by Michael J. Quilling (mrs, ) (Entered: 06/16/2003) 06/13/ RESPONSE to motion re 17 requiring insurance companies to provide information to change ownership of policies and to stay policy lapses filed by Michael J. Quilling (mrs, ) (Entered: 06/16/2003) 06/13/ NOTICE OF DISMISSAL OF Christine M. Zmudka w/cert of svc by plaintiff Michael J. Quilling ; (Attachments: # 1 Proposed Order) (mrs, ) Modified on 6/16/2003 (mrs, ). (Entered: 06/16/2003) 06/13/ NOTICE OF DISMISSAL OF Thomas J. Smith w/cert of svc by plaintiff Michael J. Quilling ; (Attachments: # 1 Proposed Order) (mrs, ) Modified on 6/16/2003 (mrs, ). (Entered: 06/16/2003) 06/16/ ATTORNEY APPEARANCE of Stephen M. Denenfeld on behalf of Furr Investments, LLC, Radio Columbus, Inc. and Furr, J.W. (Denenfeld, Stephen) Modified on 6/16/2003 (mdr, ). (Entered: 06/16/2003) 06/16/ RESPONSE in opposition re 51 Emergency Motion for Instructions and Authority to Use Policy Proceeds filed by Furr Investments, LLC, Furr, J. W., and Radio Columbus, Inc. (Denenfeld, Stephen) Modified on 6/16/2003 (cmk). (Entered: 06/16/2003) 06/16/ RESPONSE in opposition re 51 Emergency Motion for Instructions and Authority to Use Policy Proceeds filed by Radio Columbus, Inc. (Denenfeld, Stephen) *** THIS ENTRY AND ITS ATTACHMENT ARE DUPLICATES OF ENTRY #63, ABOVE Modified on 6/16/2003 (cmk). (Entered: 06/16/2003) 06/16/ RESPONSE to motion re 51 w/cert of svc filed by Frank Taber (gjf, ) (Entered: 06/16/2003) 06/16/ RESPONSE in opposition re 51 to memorandum filed in support of emergency motion for instructions and authority to use policy proceeds filed by James W. Bouwens (Vander Veen, Ronald) (Entered: 06/16/2003) 06/16/ MOTION for leave to file reply brief pursuant to local civil rule 7.3 (c) by movant Southwestern Life Insurance ; (Schomer, John) (Entered: 06/16/2003) 06/16/ REPLY to response to motion re 34 movants' motion to intervene filed by Southwestern Life Insurance (Schomer, John)

21 Page 21 of 30 (Entered: 06/16/2003) 06/16/ AFFIDAVIT of service by interested party James W. Bouwens re 69 response to memorandum filed in support of emergency motion for instructions and authority to use policy proceeds (Vander Veen, Ronald) (Entered: 06/16/2003) 06/16/ NOTICE - Proposal to Manage Policies submitted by Multitrust International, Inc. (mrs, ) (Entered: 06/16/2003) 06/16/ RESPONSE to motion re 51 instructions and authority to use policy proceeds filed by Peter Sturrus (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (mrs, ) (Entered: 06/16/2003) 06/16/ PROOF OF SERVICE by intervenor-plaintiff Peter Sturrus re 79 (mrs, ) (Entered: 06/16/2003) 06/16/ ATTORNEY APPEARANCE of James R. Shinar on behalf of objectors AUSA Life Insurance, CIGNA Life Insurance of New York, Columbian Mutual Life Insurance, Commonwealth Life Insurance, Connecticut General Life Insurance, Providian Life & Health Insurance, Transamerica Life Insurance, Transamerica Occidental Life Insurance (mrs, ) (Entered: 06/16/2003) 06/16/ RESPONSE TO 51 emergency motion by John M. Wermuth (mrs, ) Additional attachment(s) added on 6/19/2003 (mrs, ). (Entered: 06/19/2003) 06/17/ RESPONSE in support re 51 (re: Emergency Motion for Instructions and Authority to Use Policy Proceeds) filed by Kirk W. Gay (bd, ) (Entered: 06/17/2003) 06/17/ ORDER OF DISMISSAL granting 75 motion to dismiss; all claims asserted by Plaintiff against Defendant Christine M. Zmudka are dismissed without prejudice to refiling of same; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, blb) (Entered: 06/17/2003) 06/17/ ORDER OF DISMISSAL granting 76 motion to dismiss; all claims asserted by Plaintiff against Defendant Thomas J. Smith are dismissed without prejudice to refiling of same; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, blb) (Entered: 06/17/2003) 06/17/ RESPONSE to motion re 51 (to Emergency Motion for Instructions and Authority to Use Policy Proceeds) filed by Multitrust

22 Page 22 of 30 International, Inc. (bd, ) (Entered: 06/17/2003) 06/17/ RESPONSE to motion re 51 (to Emergency Motion for Instructions and Authority to Use Policy Proceeds) filed by Independence Financial Services (bd, ) (Entered: 06/17/2003) 06/17/2003 Copy of Orders 83 and 84 sent via U.S. Mail to attorneys William Farr, Kirk Gay, Quitman Ledyard, James Shinar, Michael Vartanian and Robert Wardrop (mj) (Entered: 06/17/2003) 06/18/ ORDER granting 72 motion for leave to file reply brief; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 06/18/2003) 06/18/ NOTICE OF MOTION HEARING regarding document number 62: responses due by 6/24/2003; motion hearing set for 6/26/2003 at 02:00 PM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 06/18/2003) 06/18/ Minutes of motion hearing re 51 held before Judge Richard Alan Enslen (Court Reporter Kathleen S. Thomas) (Judge Richard Alan Enslen, sas) (Entered: 06/18/2003) 06/18/ ORDER granting 51 Bruce S. Kramer's emergency motion for Instructions and Authority to Use Policy Proceeds, except for authority to use proceeds of investments of Frank Taber and Wallie Jean Taber which is withheld; Bruce S. Kramer's oral motion to redact court documents to protect personal information is granted, Receiver shall deliver a list of documents to the Clerk to ensure the proper documents are sealed; Bruce S. Kramer's oral motion for appointment of Steven Harr as examiner is granted; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, blb) (Entered: 06/18/2003) 06/18/2003 Copy of Order on Motion for Leave to File87, Notice of Motion Hearing, 88, Order on Motion for Miscellaneous Relief,, 90 sent via U.S. Mail to Wardrop, Vartanian,Shinar, Correa-Gaviria, Ledyard, Leech, Gay, Farr (mrs, ) (Entered: 06/18/2003) 06/18/ NOTICE of Proposal (mrs, ) (Entered: 06/19/2003) 06/18/ RESPONSE in opposition re 17 motion to require insurance companies to provide information filed by Principal Life Insurance (mrs, ) (Entered: 06/20/2003) 06/18/ NOTICE REGARDING PUBLIC ACCESS directed to atty

23 Page 23 of 30 Blackwell (mrs, ) (Entered: 06/20/2003) 06/19/ SUPPLEMENT re 42 in letter form in support of motion to clarify the agreed order appointing receiver for Trade Partners, Inc. by defendant Trade Partners, Inc. (Attachments: # 1 Attachment Palm Beach County Property Appraiser) (rlw, ) (Entered: 06/24/2003) 06/19/ NOTICE (Designation) of documents to be sealed w/certificate of service by Receiver Bruce S. Kramer (rlw, ) (Modified on 7/1/2003 to correct filer (krv)) (Entered: 06/24/2003) 06/19/ CERTIFICATE OF SERVICE by interested party Frank Taber re 67 response to Receiver's emergency motion (rlw, ) (Entered: 06/24/2003) 06/20/ PROOF OF SERVICE by objector Principal Life Insurance re 93 objection to Receiver's motion to require insurance companies to provide information, change ownership of policies and to stay policy lapses (rlw, ) (Entered: 06/25/2003) 06/23/ LETTER from Lincoln J. Knauer regarding the motion hearing set for the Taber Motion for Leave to Intervene (rlw, ) (Entered: 06/25/2003) 06/25/ MOTION to intervene (to respond to receiver's motion to require insurance companies to provide information, to change ownership of policies, and to stay policy lapses) by objector Equitable Life Assurance Society of the United States, The ; (bd, ) (Entered: 06/27/2003) 06/25/ BRIEF in support of 103 Motion to Intervene to Respond to Receiver's Motion to Require Insurance Companies to Provide Information, to Change Ownership of Policies, and to Stay Policy Lapses by the Equitable Life Assurance Society of the United States filed by Equitable Life Assurance Society of the United States, The (Attachments: # 1 Proposed Response to Receiver's Motion) (bd, ) (Entered: 06/27/2003) 06/25/ PROOF OF SERVICE by objector Equitable Life Assurance Society of the United States, The re 103 via first-class mail on 6/25/03 (bd, ) (Entered: 06/27/2003) 06/26/ Minutes of motion hearing re 62, 34, 14 held before Magistrate Judge Ellen S. Carmody (Court Reporter C. Rather) (Magistrate Judge Ellen S. Carmody, cr) (Entered: 06/27/2003) 06/27/ ORDER granting 34 motion of Southwestern Life Insurance, et al. to intervene to respond to receiver's motion 17 and

24 Page 24 of 30 allowing filing of response, taking under advisement 62 motion of Frank and Wallie Jean Taber to intervene, denying without prejudice 14 motion of Peter Sturrus to intervene; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 06/27/2003) 06/27/ ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 7/23/2003 at 10:00 AM at 114 Federal Building, Kalamazoo, MI before Magistrate Judge Ellen S. Carmody; status report due by 7/18/2003; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 06/27/2003) 06/27/ Emergency MOTION for order for Approval of Loan From Macatawa Bank by receiver Bruce S. Kramer ; (Kramer, Bruce) (Entered: 06/27/2003) 06/27/ MEMORANDUM in support of 102 Emergency Motion For Approval of Loan From Macatawa Bank filed by Bruce S. Kramer (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit 1) (Kramer, Bruce) (Entered: 06/27/2003) 06/27/ RESPONSE in opposition re 17 (filed per Order #100) filed by Southwestern Life Insurance (Attachments: # 1 Certificate of Service# 2 Attachment) (bd, ) (Entered: 06/27/2003) 06/27/2003 Copy of Order on Motion to Intervene,,,,, 100, Order Setting Rule 16 Scheduling Conference, 101 sent via U.S. Mail to K. Gay, Independence Fin. Services, Quitman R. Ledyard, Multitrust Intl, Inc., J. Shinar, C. Tribble, M. Vartanian, R. Wardrop and J. Wermuth (bd, ) (Entered: 06/27/2003) 06/30/ ATTORNEY APPEARANCE of J. A. Cragwall Jr. on behalf of Macatawa Bank Corporation(Cragwall, J.) Modified on 7/21/2003 (mrs, ). (Entered: 06/30/2003) 06/30/ ORDER granting 103 motion to intervene of Equitable Life Assurance Society of the United States for purposes of responding to the receiver's motion 17; the intervenor's response is accepted for filing; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 06/30/2003) 06/30/2003 Copy of Order on Motion to Intervene, 110 sent via U.S. Mail to Vartanian, Wardrop, Wermuth, Gay, Independence Financial Services, Ledyard, Multitrust International, Shinar, and Tribble (mrs, ) (Entered: 06/30/2003)

25 Page 25 of 30 06/30/ RESPONSEto receiver's motion to require insurance complaintes to provide information to change ownership of policies an to stay policy lapses [dkt. #17] by objector Equitable Life Assurance Society of the United States, The ; (mrs, ) Modified on 7/16/2003 (mrs, ). (Entered: 06/30/2003) 07/01/ ATTORNEY ADMISSION LETTER sent to attorney Steven A. Harr; attorney admission deadline set for 9/2/2003 (mdr, ) (Entered: 07/01/2003) 07/01/ ORDER granting 102 motion for order; the authority sought is granted the Receiver; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, ymc) (Entered: 07/01/2003) 07/01/ PROOF OF SERVICE by objector Equitable Life Assurance Society of the United States, The re 106 (mrs, ) (Entered: 07/02/2003) 07/02/2003 Copy of Order on Motion for Order113 sent via U.S. Mail to Gay, Harr, Independence Financial Services, Ledyard, Multitrust International, Shinar, Tribble, Vartanian, Wardrop, Wermuth (mrs, ) (Entered: 07/02/2003) 07/03/ Emergency MOTION for order Modification Authorizing Loan from Macatawa Bank by receiver Bruce S. Kramer ; (Kramer, Bruce) (Entered: 07/03/2003) 07/03/ MEMORANDUM in support of 115 filed by Bruce S. Kramer (Attachments: # 1 Exhibit A) (Kramer, Bruce) (Entered: 07/03/2003) 07/03/ MOTION to intervene regarding receiver's motion to require insurance companies to provide information, to change ownership of policies and to stay policy lapses (mrs, ) (Entered: 07/08/2003) 07/03/ BRIEF in support of 117 motion to intervene filed by Equitable Life Insurance of Iowa, Life Insurance of Georgia, ReliaStar Life Insurance, ReliaStar Life Insurance of New York, Security Connecticut Life Insurance, Security Life of Denver Insurance (Attachments: # 1 Exhibit 1) (mrs, ) (Entered: 07/08/2003) 07/03/ CERTIFICATE OF SERVICE by intervenor parties Equitable Life Insurance of Iowa, Life Insurance of Georgia, ReliaStar Life Insurance, ReliaStar Life Insurance of New York, Security Connecticut Life Insurance, Security Life of Denver Insurance re 117, 118 (mrs, ) (Entered: 07/08/2003)

26 Page 26 of 30 07/08/ MOTION to intervene (Attachments: # 1 Proposed Document - Intervention Complaint# 2 Exhibit A of Intervention Complaint# 3 Exhibit B of Intervention Complaint# 4 Exhibit C of Intervention Complaint) (mrs, ) (Entered: 07/09/2003) 07/08/ BRIEF in support of 120 motion to intervene filed by VL Southgate Building Corp. (Attachments: # 1 Exhibit A Policy Schedule Sheet# 2 Exhibit B Purchase and Sale Agreement# 3 Exhibit C Pooling Agreement) (mrs, ) (Entered: 07/09/2003) 07/08/ PROOF OF SERVICE by intervenor VL Southgate Building Corp. re 120, 121 (mrs, ) (Entered: 07/09/2003) 07/09/ ORDER granting 115 Receiver Bruce S. Kramer's emergency motion for modification of order; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, blb) (Entered: 07/09/2003) 07/09/2003 Copy of Order on Motion for Order123 sent via U.S. Mail to Gay, Harr, Independence Financial Services, Ledyard, Multitrust International, Pijls, Shinar, Tribble, Vartanian, Wardrop, Wermuth (mrs, ) (Entered: 07/09/2003) 07/09/ RESPONSE in opposition re 17 receiver's motion to require insurance companies to provide information filed by United of Omaha Life Insurance, Mutual of Omaha Insurance, Companion Life Insurance of New York (mrs, ) (Entered: 07/11/2003) 07/09/ PROOF OF SERVICE by objectors Companion Life Insurance of New York, Mutual of Omaha Insurance, defendant United of Omaha Life Insurance re 124 (mrs, ) (Entered: 07/11/2003) 07/11/ NOTICE REGARDING PUBLIC ACCESS directed to atty Brenner (mrs, ) (Entered: 07/11/2003) 07/14/ ATTORNEY APPEARANCE of Michael G. Walsh on behalf of (mrs, ) (Entered: 07/14/2003) 07/14/ CERTIFICATE OF SERVICE by interested parties Richard Backer, Clarence Smith re 127 (mrs, ) (Entered: 07/14/2003) 07/14/ NOTICE REGARDING PUBLIC ACCESS directed to atty Walsh (mrs, ) (Entered: 07/14/2003) 07/14/ PROOF OF SERVICE by intervenor VL Southgate Building Corp. re 120 motion by VL Southgate Building to intervene (rlw, ) (Entered:

27 Page 27 of 30 07/14/2003) 07/15/ UNOPPOSED MOTION for order for Examiner's Unopposed First Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support by examiner Steven A. Harr ; (Kramer, Bruce) (Entered: 07/15/2003) 07/16/ RESPONSE TO 78 Proposal to Manage Policies by Michael J. Quilling (Quilling, Michael) (Entered: 07/16/2003) 07/17/ NOTICE OF MOTION HEARING regarding document number 120: responses due by 7/21/2003; motion hearing set for 7/23/2003 at 10:00 AM at 114 Federal Building, Kalamazoo, MI before Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 07/17/2003) 07/17/ ORDER granting 117 motion to intervene, filed by Equitable Life Insurance of Iowa, Life Insurance of Georgia, Reliastar Life Insurance f/k/a Northwestern National Life Insurance, Security Life of Denver Insurance, Southland Life Insurance, and Reliastar Life Insurance of New York f/k/a Reliastar Bankers Security Life Insurance f/k/a Bankers Security Life Insurance Society, for the limited purpose of responding to the receiver's motion 17; response to the receiver's motion is accepted for filing; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 07/17/2003) 07/17/2003 Copy of Order on Motion to Intervene 134 sent via U.S. Mail to Gay, Harr, Independence Financial Services, Ledyard, Multitrust, Vartanian, Wardrop, Tribble, Pijls, Shinar, Brenner, Wermuth (mrs, ) (Entered: 07/17/2003) 07/17/ Joint STATUS REPORT submitted for filing by examiner Steven A. Harr, receiver Bruce S. Kramer, plaintiff Michael J. Quilling (mrs, ) (Entered: 07/18/2003) 07/18/2003 Copy of Notice of Motion Hearing, 133 sent via U.S. Mail to Brenner, Gay, Harr, Independence Financial Services, Ledyard, Multitrust International, Inc., Pijls, Shinar, Tribble, Vartanian, Wardrop, Wermuth (mrs, ) (Entered: 07/18/2003) 07/18/ NOTICE OF IMPENDING DISMISSAL for failure to serve Grand Bank; verified petition re: service of process to be submitted by 8/1/2003 or Grand Bank will be dismissed; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, sas) (Entered: 07/18/2003)

28 Page 28 of 30 07/18/ RESPONSE in opposition re 120 Plaintiff's Response to Motion by VL Southgate Corp. to Intervene filed by Michael J. Quilling (Quilling, Michael) (Entered: 07/18/2003) 07/18/ ORDER striking 135; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, sas) (Entered: 07/18/2003) 07/18/2003 Copy of Notice of Impending Dismissal135, Order137 sent via U.S. Mail to Brenner, Gay, Harr, Independence Financial Services, Ledyard, Multitrust International, Inc., Pijls, Shinar, Tribble, Vartanian, Wardrop, Wermuth (mrs, ) (Entered: 07/18/2003) 07/18/ SECOND INTERIM MOTION and brief in support to allow and pay receiver's fees and expenses and other professional fees and expenses by receiver Bruce S. Kramer (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3) (mrs, ) (Entered: 07/21/2003) 07/21/ OPINION; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, blb) (Entered: 07/21/2003) 07/21/ ORDER denying [14-2] proposed intervenor Peter Sturrus' motion to modify order appointing receiver; granting in part and denying in part 17 Receiver's motion for order in that all authority sought is granted except for the authority to stay policy lapses, all affected insurance companies shall provide the Receiver with requested policy information and make the requested ownership changes; granting in part and denying in part 36, 38, 59, 93, 108, 111, and 124 objections of affected insurance companies as stated above; granting 42 and 95 Receiver's motion to clarify order appointing receiver, additional authority sought is granted; granting 57 Receiver's motion to allow and pay fees and expenses, referenced fees and expenses are approved for payment; granting 131 Examiner's application for payment of fees and expenses, referenced fees and expenses are approved for payment; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, blb) (Entered: 07/21/2003) 07/21/2003 Copy of Order on Motion to Clarify, Order on Motion for Miscellaneous Relief, Order on Motion for Order 141, Opinion140 sent via U.S. Mail to Brenner, Gay, Harr, Independence Financial Services, Ledyard, Multitrust International, Inc., Pijls, Shinar, Tribble, Vartanian, Wardrop, Wermuth (mrs, ) (Entered: 07/21/2003) 07/21/2003 ATTORNEY Steven A. Harr ADMITTED to practice in the Western District of Michigan (jal, ) (Entered: 07/22/2003) 07/21/ RESPONSE to motion re 120 intervening by VL Southgate Building Corp. filed by Steven A. Harr with certificate of service (mrs, ) Modified on 7/22/2003 (mrs, ). (Entered: 07/22/2003)

29 Page 29 of 30 07/22/ OBJECTION re 123 Orders Re Macatawa Bank by intervenor Southwestern Life Insurance (Schomer, John) (Entered: 07/22/2003) 07/22/2003 MOTION for reconsideration re 123 Order granting emergency motion 115 by intervenor Royal Maccabees Life Ins., intervenor Southwestern Life Insurance (mrs, )(SEE DOCKET ENTRY 142) Modified on 7/24/2003 (mrs, ). (Entered: 07/23/2003) 07/23/ TRANSCRIPT of Hearing held June 18, 2003 before Honorable Richard Alan Enslen (Court Reporter: K. Thomas, (269) ) (Entered: 07/23/2003) 07/23/ NOTICE REGARDING PUBLIC ACCESS directed to J. Schomer, J. Moskal, S. Denenfeld, C. Tracy, P. Geary, R. Vander Veen, J. Cragwall, S. Harr, K. Gay, Multitrust Int'l., H. Pijls, C. Tribble, J. Wermuth (rlw, ) (Entered: 07/23/2003) 07/23/ INTERIM SCHEDULING ORDER; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 07/23/2003) 07/23/2003 Copy of Order146 sent via U.S. Mail to Brenner, Gay, Harr, Independence Financial Services, Ledyard, Multitrust International, Inc., Pijls, Shinar, Tribble, Vartanian, Wardrop, Wermuth (mrs, ) (Entered: 07/23/2003) 07/23/ Minutes of motion hearing re 120, Rule 16 Scheduling Conference held before Magistrate Judge Ellen S. Carmody (Court Reporter C. Rather) (Magistrate Judge Ellen S. Carmody, cr) (Entered: 07/24/2003) 07/24/ OBJECTION (Concurrence In Objection To Order Regarding Macatawa Bank submitted by Southwestern Life Ins Co, et al, by intervenor parties Equitable Life Insurance of Iowa, Life Insurance of Georgia, ReliaStar Life Insurance, ReliaStar Life Insurance of New York, Security Life of Denver Insurance, Southland Life Insurance, interested party ReliaStar Life Insurance (Verwys, Mark) (Entered: 07/24/2003) PACER Service Center Transaction Receipt

30 Page 30 of :58:07 PACER Login: qs0002 Client Code: Description: Docket Report Case Number: 1:03-cv RAE Billable Pages: 15 Cost: 1.05