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U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:06-cv-00440-N

EMC Mortgage Corp v. MortgageIT, Inc Assigned to: Judge David C Godbey Case in other court: 95th District Court of Dallas County, Texas, 0601688 Cause: 28:1441 Petition for Removal- Breach of Contract Plaintiff EMC Mortgage Corp individually and for the benefit of certain asset backed securities trusts

Date Filed: 03/13/2006 Date Terminated: 12/01/2008 Jury Demand: Both Nature of Suit: 190 Contract: Other Jurisdiction: Diversity

represented by Stephen C Carlin Greenberg Traurig 2200 Ross Ave Suite 5200 Dallas, TX 75201 214/665-3650 Fax: 214/665-3601 FAX Email: carlins@gtlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric N Whitney Greenberg Traurig LLP 200 Park Ave Suite 39-47 New York, NY 10166 212/801-3153 Fax: 212/801-6400 Email: whitneye@gtlaw.com ATTORNEY TO BE NOTICED Marc D McPeak Greenberg Traurig 2200 Ross Ave Suite 5200 Dallas, TX 75201 214/665-3673 Fax: 214/665-3601 FAX Email: mcpeakm@gtlaw.com ATTORNEY TO BE NOTICED Peter Samir Wahby Greenberg Traurig 2200 Ross Ave Suite 5200 Dallas, TX 75201 972/419-1250 Email: wahbyp@gtlaw.com ATTORNEY TO BE NOTICED

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District Version 4.1.1 V. Defendant MortgageIT, Inc doing business as MIT Lending represented by Talcott J Franklin Talcott Franklin PC 208 N Market St Suite 200 Dallas, TX 75202 214-736-8730 Email: tal@talcottfranklin.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Adlai Small Patton Boggs LLP One Riverfront Plaza Newark, NJ 07102 973/848-5613 PRO HAC VICE Edward Wisneski Law Office of Edward Wisneski 2550 M St NW Washington, DC 20037 202/457-6065 PRO HAC VICE

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Jason C Rodgers US Securities & Exchange Commission Burnett Plaza Suite 1900 801 Cherry St Unit # 18 Fort Worth, TX 76102 817/978-1410 Fax: 817/978-3049 Email: rodgersj@sec.gov TERMINATED: 02/22/2008 Jeffrey T Prudhomme Patton Boggs LLP 2000 McKinney Ave Suite 1700 Dallas, TX 75201 214-758-1500 Fax: 214/758-1550 Email: jprudhomme@pattonboggs.com ATTORNEY TO BE NOTICED Joseph M Cox Patton Boggs LLP 2000 McKinney Ave Suite 1700 Dallas, TX 75201 214/758-1500 Fax: 214/758-1550 Email: jcox@pattonboggs.com ATTORNEY TO BE NOTICED https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?408477269137808-L_674_0-1 7/6/2011

District Version 4.1.1 Marci M Fulton Patton Boggs LLP 1801 California St Suite 4900 Denver, CO 80202 303/830-1776 PRO HAC VICE Nicola M Shiels Patton Boggs 2001 Ross Ave Suite 3000 Dallas, TX 75201 214/758-6625 Email: nshiels@pattonboggs.com ATTORNEY TO BE NOTICED

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Robert A Hawkins Patton Boggs LLP 2000 McKinney Ave Suite 1700 Dallas, TX 75201 214/758-1518 Fax: 214/758-1550 Email: rhawkins@pattonboggs.com ATTORNEY TO BE NOTICED Counter Claimant MortgageIT, Inc represented by Talcott J Franklin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Adlai Small (See above for address) PRO HAC VICE Edward Wisneski (See above for address) PRO HAC VICE Jason C Rodgers (See above for address) TERMINATED: 02/22/2008 Jeffrey T Prudhomme (See above for address) ATTORNEY TO BE NOTICED Nicola M Shiels (See above for address) ATTORNEY TO BE NOTICED V. https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?408477269137808-L_674_0-1 7/6/2011

District Version 4.1.1 Counter Defendant EMC Mortgage Corp represented by Eric N Whitney (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Marc D McPeak (See above for address) ATTORNEY TO BE NOTICED Stephen C Carlin (See above for address) ATTORNEY TO BE NOTICED Date Filed 03/13/2006 # 1 Docket Text

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NOTICE OF REMOVAL from 95th District Court of Dallas County, Tx, case number 0601688 filed by MortgageIT, Inc. (Filing fee $ 250; receipt number 228756) (Attachments: # 1 # 2)(skt, ) (Entered: 03/13/2006) ***Magistrate Judge Kaplan chosen by random selection to handle matters that may be referred in this case. (skt, ) (Entered: 03/13/2006)

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Order Designating Case for ECF - see order for specifics. (Signed by Judge David C Godbey on 3/13/2006) (skt, ) (Entered: 03/13/2006) Defendant's CERTIFICATE OF INTERESTED PERSONS by MortgageIT, Inc. (skt, ) (Entered: 03/15/2006) Agreed MOTION for Extension of Time to File Pleadings Agreed Motion for a Pleadings Schedule by MortgageIT, Inc (Attachments: # 1 Text of Proposed Order)(Shiels, Nicola) (Entered: 03/16/2006) ORDER granting 4 Agreed Motion for a Pleading Schedule. Plaintiff shall file its Amended Complaint on or before March 22, 2006. Defendant need not answer or otherwise respond to Plaintiff's Original Petition. Defendant shall file an answer or otherwise respond to Plaintiff's Amended Complaint on or before April 12, 2006. (Signed by Judge David C Godbey on 3/17/2006) (skt, ) (Entered: 03/21/2006) Answer due from MortgageIT, Inc on 4/12/2006. (skt, ) (Entered: 03/21/2006)

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AMENDED COMPLAINT against MortgageIT, Inc filed by EMC Mortgage Corp. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Carlin, Stephen) (Entered: 03/22/2006) DEMAND for Trial by Jury by MortgageIT, Inc. (Franklin, Talcott) (Entered: 03/23/2006) AMENDED COMPLAINT Second Amended Complaint against MortgageIT, Inc filed by EMC Mortgage Corp. (Attachments: # 1 Exhibit A# 2 Exhibit B)(McPeak, Marc) (Entered: 03/23/2006) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by EMC Mortgage Corp. (McPeak, Marc) (Entered: 04/03/2006) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by EMC Mortgage Corp. (McPeak, Marc) (Entered: 04/03/2006) MOTION to Dismiss for Failure to State a Claim by MortgageIT, Inc with Brief in Support. (Shiels, Nicola) (Entered: 04/12/2006) 7/6/2011

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Page 5 of 12 Brief/Memorandum in Support re 11 MOTION to Dismiss for Failure to State a Claim filed by MortgageIT, Inc. (Shiels, Nicola) (Entered: 04/12/2006) Appendix in Support re 11 MOTION to Dismiss for Failure to State a Claim, 12 Brief/Memorandum in Support of Motion Compendium of Unreported Cases Part 1 filed by MortgageIT, Inc. (Shiels, Nicola) (Entered: 04/12/2006) Appendix in Support re 11 MOTION to Dismiss for Failure to State a Claim, 13 Appendix in Support, 12 Brief/Memorandum in Support of Motion Compendium of Unreported Cases Part 2 filed by MortgageIT, Inc. (Shiels, Nicola) (Entered: 04/12/2006) Corporate Disclosure Statement by MortgageIT, Inc identifying MortgageIT Holdings, Inc. as Corporate Parent. (Shiels, Nicola) (Entered: 04/13/2006) NOTICE by EMC Mortgage Corp OF CONSENT TO FILE THIRD AMENDED COMPLAINT (Attachments: # 1 Exhibit A)(McPeak, Marc) (Entered: 05/02/2006) AMENDED COMPLAINT THIRD against MortgageIT, Inc filed by EMC Mortgage Corp. (Attachments: # 1 Appendix Exhibt A# 2 Appendix Exhibit B)(McPeak, Marc) (Entered: 05/12/2006) Order Requiring Status and Scheduling Conference: The parties are directed to confer within 14 days of the date of this order and to report to the court within 14 days of the conference. (See Order for specifics) (Signed by Judge David C Godbey on 5/15/2006) (skt, ) (Entered: 05/15/2006) MOTION to Dismiss Plaintiff's Third Amended Complaint by MortgageIT, Inc with Brief in Support. (Shiels, Nicola) (Entered: 06/07/2006) Brief/Memorandum in Support filed by MortgageIT, Inc re 19 MOTION to Dismiss Plaintiff's Third Amended Complaint (Shiels, Nicola) (Entered: 06/07/2006) Appendix in Support filed by MortgageIT, Inc re 19 MOTION to Dismiss Plaintiff's Third Amended Complaint Compendium of Unreported Cases Volume 1 (Shiels, Nicola) (Entered: 06/07/2006) Appendix in Support filed by MortgageIT, Inc re 21 Appendix in Support, 19 MOTION to Dismiss Plaintiff's Third Amended Complaint Compendium of Unreported Cases Volume 2 (Shiels, Nicola) (Entered: 06/07/2006) STATUS REPORT (JOINT) Status Report by EMC Mortgage Corp. (McPeak, Marc) (Entered: 06/13/2006) SCHEDULING ORDER: Jury Trial set for 1/28/2008 before Judge David C Godbey. (See Order for specifics) (Signed by Judge David C Godbey on 6/23/2006) (skt, ) (Entered: 06/26/2006) RESPONSE in Opposition filed by EMC Mortgage Corp re 19 MOTION to Dismiss Plaintiff's Third Amended Complaint (Whitney, Eric) (Entered: 06/30/2006) Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss Plaintiff's Third Amended Complaint by MortgageIT, Inc (Attachments: # 1) (Franklin, Talcott) (Entered: 07/17/2006) ORDER granting 26 Defendant's Unopposed Motion for Enlargement of Time. It is therefore ORDERED that the deadline for defendant to reply to Plaintiff's Opposition to Defendant's Motion to Dismiss is July 24, 2006. (Signed by Judge David C Godbey on 7/21/2006) (skt, ) (Entered: 07/21/2006) REPLY filed by MortgageIT, Inc re 19 MOTION to Dismiss Plaintiff's Third Amended Complaint Defendant's Reply Brief in Suppport of its Rule 12(b)(6) Motion to Dismiss 7/6/2011

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District Version 4.1.1 Plaintiff's Third Amended Complaint (Franklin, Talcott) (Entered: 07/21/2006) 09/06/2006 29

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NOTICE of Change of Address by Marc D McPeak, counsel for EMC Mortgage Corp. New address is: 2200 Ross Avenue, Suite 5200, Dallas, TX 75201 (McPeak, Marc) (Entered: 09/06/2006) AGREED PROTECTIVE ORDER. (see order for specifics) (Signed by Judge David C Godbey on 10/10/06) (klm, ) (Entered: 10/12/2006) ORDER granting in part and denying in part 19 Defendant MortgageIT, Inc.'s Motion to Dismiss. [see order for specifics] (Signed by Judge David C Godbey on 10/12/06) (cxb, ) (Entered: 10/16/2006) Unopposed MOTION to Extend Time Enlargement of Time to File Responsive Pleading to Third Amended Complaint by MortgageIT, Inc (Attachments: # 1 Text of Proposed Order) (Shiels, Nicola) (Entered: 10/20/2006) ORDER granting 32 Motion to Extend Time to File Responsive Pleading to Third Amended Complaint. Responsive pleading due by 11/9/2006. (Signed by Judge David C Godbey on 10/30/06) (cxb, ) (Entered: 10/30/2006) Defendant's ANSWER to Amended Complaint by MortgageIT, Inc, COUNTERCLAIM against EMC Mortgage Corp filed by MortgageIT, Inc (Attachments: # 1 Exhibit # 2 Exhibit)(Shiels, Nicola) (Entered: 11/09/2006) Unopposed MOTION for Extension of Time to File Response/Reply as to 34 Answer to Amended Complaint, Counterclaim by EMC Mortgage Corp (Whitney, Eric) (Entered: 11/29/2006) ANSWER to Counterclaim by EMC Mortgage Corp (Whitney, Eric) (Entered: 12/06/2006) Unopposed MOTION for Leave to File Supplement to Third Amended Complaint by EMC Mortgage Corp (Attachments: # 1 Exhibit A# 2 Exhibit A1) (Whitney, Eric) (Entered: 12/06/2006) ORDER granting 35 Motion to Extend Time to File Responsive pleading to answer and counterclaims. ORDERED that the date by which Plaintiff shall file a responsive pleading to Defendant's Original Answer and Counterclaims is extended by seven (7) days, to Wednesday, December 6, 2006. (Signed by Judge David C Godbey on 12/8/06) (cxb, ) (Entered: 12/08/2006) ORDER granting 37 Motion for Leave to File Supplement to Third Amended Complaint. EMC is granted leave to file the Supplement to its Third Amended Complaint attached to the foregoing Motion, and shall file same within five (5) days of the entry of this Order. [see order for specifics] (Signed by Judge David C Godbey on 12/8/06) (cxb, ) (Entered: 12/08/2006) Supplemental Document by EMC Mortgage Corp as to 17 Third Amended Complaint. (Attachments: # 1 Exhibit) (Whitney, Eric) Modified on 12/11/2006 (cxb, ). (Entered: 12/08/2006) Unopposed Motion for Extension of Time to File Answer by MortgageIT, Inc (Attachments: # 1 Text of Proposed Order) (Shiels, Nicola) (Entered: 12/14/2006) ORDER granting 41 Motion for Extension of Time to File Responsive Pleading. MortgageIT, Inc responsive pleading due 1/12/2007. (Signed by Judge David C Godbey on 12/22/06) (cxb, ) (Entered: 12/29/2006) Defendant's ANSWER by MortgageIT, Inc to 40 Plaintiff's Supplement to Third Amended Complaint. (Attachments: # 1 Exhibit) (Shiels, Nicola) Modified on 1/16/2007 (cxb). 7/6/2011

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SUPPLEMENTAL COUNTERCLAIM against EMC Mortgage Corp filed by MortgageIT, Inc. (Shiels, Nicola) (See doc. 43 for image.) (cxb) (Entered: 02/02/2007) ANSWER to 43 Supplemental Counterclaim by EMC Mortgage Corp (Whitney, Eric) Modified on 2/5/2007 (cxb). (Entered: 02/02/2007) Joint MOTION to Continue by EMC Mortgage Corp, MortgageIT Inc with Brief/Memorandum in Support. (Carlin, Stephen) Modified on 12/11/2007 (klm). (Entered: 12/10/2007) AMENDED SCHEDULING ORDER: This case is reset for trial on 7/28/2008 before Judge David C Godbey. The setting is for a one week docket. Reset or continuance of the trial setting does not alter the deadlines in this Order unless expressly provided by court order. It is unlikely that any future continuances will be granted. See order for specifics. (Signed by Judge David C Godbey on 12/20/2007) (axm) (Entered: 12/20/2007) Stipulation by EMC Mortgage Corp, MortgagetIT Inc re 46 Scheduling Order. (Whitney, Eric) Modified on 1/22/2008 (klm). (Entered: 01/22/2008) NOTICE/Stipulation by EMC Mortgage Corp, MortgageIT, Inc re 46 Scheduling Order. (Whitney, Eric) Modified on 1/25/2008 (klm). (Entered: 01/25/2008) Unopposed MOTION for Leave to File Plaintiff's Fourth Amended Complaint by EMC Mortgage Corp (Attachments: # 1 Exhibit Plaintiff's Fourth Amended Complaint, # 2 Appendix Appendix in Support of Plaintiff's Fourth Amended Complaint, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Text of Proposed Order) (Whitney, Eric) (Entered: 02/01/2008) ***FILED IN ERROR***Defendant's First Amended ANSWER to Complaint by MortgageIT, Inc, COUNTERCLAIM against EMC Mortgage Corp filed by MortgageIT, Inc (Attachments: # 1 Exhibit Exhibit 1) (Franklin, Talcott) Modified on 2/4/2008 (svc). (Entered: 02/01/2008) Unopposed MOTION for Leave to File First Amended Answer and Counterclaims by MortgageIT, Inc (Attachments: # 1 Exhibit Defendant's First Amended Answer and Counterlcaims, # 2 Exhibit 1, # 3 Text of Proposed Order) (Franklin, Talcott) (Entered: 02/01/2008) ORDER granting 49 PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT. It is therefore Ordered that EMC is granted leave to file its Fourth Amended Complaint attached to the foregoing Motion, and shall file same within three (3) days of the entry of this Order. (see order for specifics) (Signed by Judge David C Godbey on 2/5/08) (tln) (Entered: 02/05/2008) AMENDED COMPLAINT WITH JURY DEMAND Plaintiff's Fourth Amended Complaint against all plaintiffs filed by EMC Mortgage Corp. (Attachments: # 1 Appendix In Support of Plaintiff's Fourth Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Whitney, Eric) (Entered: 02/06/2008) ORDER granting 51 Defendant MortgageIT, Inc.'s Unopposed Motion for Leave to File First Amended Answer and Counterclaims. It is therefore Ordered that MIT is granted leave to file its First Amended Answer and Counterclaims, and shall file same within three (3) days of the entry of this Order. (Signed by Judge David C Godbey on 2/7/08) (klm) (Entered: 02/08/2008) AMENDED ANSWER by MortgageIT, Inc re 17 Amended Complaint, COUNTERCLAIM against EMC Mortgage Corp filed by MortgageIT, Inc (Attachments: # 1 Exhibit 1) (Franklin, Talcott) (Entered: 02/11/2008) 7/6/2011

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Page 8 of 12 MOTION to Withdraw as Attorney Jason C. Rodgers Motion to Withdraw by MortgageIT, Inc (Attachments: # 1 Text of Proposed Order) (Rodgers, Jason) (Entered: 02/15/2008) ORDER granting 56 Motion to Withdraw as Attorney. Attorney Jason C Rodgers terminated. (Signed by Judge David C Godbey on 2/22/08) (npk) (Entered: 02/22/2008) Original ANSWER to Counterclaim filed by EMC Mortgage Corp. Related document: 55 Amended Answer to Complaint, Counterclaim (McPeak, Marc) Modified on 2/25/2008 (axm). (Entered: 02/22/2008) Stipulation to Extend Expert Deadlines by EMC Mortgage Corp, and MortgageIT Inc re 46 Scheduling Order, (Whitney, Eric) Modified on 2/29/2008 - incorrect event used (axm). (Entered: 02/28/2008) MOTION to Dismiss Plaintiff's Fourth Amended Complaint by MortgageIT, Inc with Brief/Memorandum in Support. (Attachments: # 1 Text of Proposed Order) (Franklin, Talcott) (Entered: 03/27/2008) Brief/Memorandum in Support filed by MortgageIT, Inc re 60 MOTION to Dismiss Plaintiff's Fourth Amended Complaint (Franklin, Talcott) (Entered: 03/27/2008) Notice of Manual Filing of Appendix and Exhibits by MortgageIT, Inc re 61 Brief/Memorandum in Support of Motion (Franklin, Talcott) (Entered: 03/27/2008) SECOND AMENDED ANSWER by MortgageIT, Inc re 53 Amended Complaint, COUNTERCLAIM against EMC Mortgage Corp filed by MortgageIT, Inc (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Franklin, Talcott) Modified on 3/28/2008 (jrb). (Entered: 03/27/2008) Compendium of Unreported Cases Cited in Defendant's Memorandum in Support filed by MortgageIT, Inc re 60 MOTION to Dismiss Plaintiff's Fourth Amended Complaint. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (klm) (Entered: 03/31/2008) Appendix in Support filed by MortgageIT, Inc re 64 Memorandum in Support of Motion to Dismiss Plaintiff's Fourth Amended Complaint. (Vol. 1 of 3) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit) (klm) (Entered: 03/31/2008) Appendix in Support filed by MortgageIT, Inc re 64 Memorandum in Support of Motion to Dismiss Plaintiff's Fourth Amended Complaint. (Vol. 2 of 3) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit) (klm) (Entered: 03/31/2008) Appendix in Support filed by MortgageIT, Inc re 64 Memorandum in Support of Motion to Dismiss Plaintiff's Fourth Amended Complaint. (Vol. 3 of 3) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit) (klm) (Entered: 03/31/2008) Joint Stipulation for Extension of Time to Respond to MIT's Motion to Dismiss by EMC Mortgage Corp re 61 Brief/Memorandum in Support of Motion, 60 MOTION to Dismiss Plaintiff's Fourth Amended Complaint. (Whitney, Eric) Modified on 4/18/2008 (lmp). (Entered: 04/18/2008) 7/6/2011

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Page 9 of 12 NOTICE by EMC Mortgage Corp, MortgageIT, Inc re 46 Scheduling Order.(Whitney, Eric) Modified on 5/1/2008 (klm). (Entered: 04/30/2008) Joint MOTION for Continuance filed by EMC Mortgage Corp, MortgageIT, Inc (Whitney, Eric) Modified on 5/19/2008 (npk). (Entered: 05/16/2008) ORDER: It is hereby ordered that a hearing is scheduled in this case on Monday, June 2, 2008, at 3:00 p.m. on the Joint Motion for Continuance filed on May 16, 2008. The hearing will be held in Courtroom 1351. (Signed by Judge David C Godbey on 5/22/08) (skt) (Entered: 05/22/2008) Minute Entry for proceedings held before Judge David C Godbey: Motion Hearing held on 6/2/08 re 72 Motion to Continue filed by MortgageIT, Inc, EMC Mortgage Corp. Judge Godbey granted continuance of trial for 90 days. Attorney Appearances: Plaintiff - Steve Carlin, Eric Whitney, Mark McPeak; Defense -Tal Franklin, Angela Hites. (Court Reporter Linda Robbins.) Time in Court: 9 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (dzh) Modified on 6/12/2008 (skt). (Entered: 06/03/2008)

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ORDER RESETTING TRIAL: This case is reset for trial on 11/3/08 before Judge David C Godbey. (See Order) (Signed by Judge David C Godbey on 6/4/08) (skt) (Entered: 06/05/2008) (RESPONSE) Brief/Memorandum in Support of Response filed by EMC Mortgage Corp re 60 MOTION to Dismiss Plaintiff's Fourth Amended Complaint (Carlin, Stephen) Modified on 6/6/2008 (tln). (Entered: 06/05/2008) Appendix in Support filed by EMC Mortgage Corp re 75 Brief/Memorandum in Support of Motion Appendix in Support of EMC's Response to Defendant's Motion to Dismiss Plaintiff's Fourth Amended Complaint (Vol. 1 of 7) (Attachments: # 1 Tab A, # 2 Tab B, # 3 Tab C, # 4 Tab D, # 5 Tab E, # 6 Tab F, # 7 Tab G, # 8 Tab H) (Carlin, Stephen) (Entered: 06/05/2008) Appendix in Support filed by EMC Mortgage Corp re 75 Brief/Memorandum in Support of Motion Appendix in Support of EMC's Response to Defendant's Motion to Dismiss Plaintiff's Fourth Amended Complaint (Vol. 2 of 7) (Attachments: # 1 Tab I-1, # 2 Tab I-2, # 3 Tab I-3, # 4 Tab I-4, # 5 Tab I-5, # 6 Tab I-6, # 7 Tab I-7, # 8 Tab I-8 Part 1, # 9 Tab I-8 Part 2, # 10 Tab I-8 Part 3, # 11 Tab I-9, # 12 Tab I-10) (Carlin, Stephen) (Entered: 06/05/2008) Appendix in Support filed by EMC Mortgage Corp re 75 Brief/Memorandum in Support of Motion Appendix in Support of EMC's Response to Defendant's Motion to Dismiss Plaintiff's Fourth Amended Complaint. (Vol. 3 of 7 - Tabs I-11 to I-18) (Attachments: # 1 Tab I-11, # 2 Tab I-12, # 3 Tab I-13, # 4 Tab I-14, # 5 Tab I-15, # 6 Tab I-16, # 7 Tab I-17, # 8 Tab I-18 Part 1, # 9 Tab I-18 Part 2, # 10 Tab I-18 Part 3) (Carlin, Stephen) (Entered: 06/05/2008) Appendix in Support filed by EMC Mortgage Corp re 75 Brief/Memorandum in Support of Motion Appendix in Support of EMC's Response to Defendant's Motion to Dismiss Plaintiff's Fourth Amended Complaint (Vol. 4 of 7 - Tabs I-19 & I-20) (Attachments: # 1 Tab I-19 Part 1, # 2 Tab I-19 Part 2, # 3 Tab I-19 Part 3, # 4 Tab I-19 Part 4, # 5 Tab I-20 Part 1, # 6 Tab I-20 Part 2, # 7 Tab I-20 Part 3, # 8 Tab I-20 Part 4) (Carlin, Stephen) (Entered: 06/05/2008) Appendix in Support filed by EMC Mortgage Corp re 75 Brief/Memorandum in Support of Motion Appendix in Support of EMC's Response to Defendant's Motion to Dismiss Plaintiff's Fourth Amended Complaint. (Vol. 5 of 7 - Tabs I-21, I-22 & I-23) (Attachments: # 1 Tab I-21 Part 1, # 2 Tab I-21 Part 2, # 3 Tab I-22, # 4 Tab I-23 Part 1, # 5 Tab I-23 Part 2, # 6 Tab I-23 Part 3) (Carlin, Stephen) (Entered: 06/05/2008) 7/6/2011

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Page 10 of 12 Appendix in Support filed by EMC Mortgage Corp re 75 Brief/Memorandum in Support of Motion Appendix in Support of EMC's Response to Defendant's Motion to Dismiss Plaintiff's Fourth Amended Complaint. (Vol. 6 of 7 - Tabs I-24 to I-29) (Attachments: # 1 Tab I-24 Part 1, # 2 Tab I-24 Part 2, # 3 Tab I-24 Part 3, # 4 Tab I-25 Part 1, # 5 Tab I-25 Part 2, # 6 Tab I-26, # 7 Tab I-27, # 8 Tab I-28, # 9 Tab I-29 Part 1, # 10 Tab I-29 Part 2) (Carlin, Stephen) (Entered: 06/05/2008) Appendix in Support filed by EMC Mortgage Corp re 75 Brief/Memorandum in Support of Motion Appendix in Support of EMC's Response to Defendant's Motion to Dismiss Plaintiff's Fourth Amended Complaint. (Vol. 7 of 7 - Tabs I-30 to I-34 & Tab J) (Attachments: # 1 Tab I-30, # 2 Tab I-31, # 3 Tab I-32, # 4 Tab I-33 Part 1, # 5 Tab I-33 Part 2, # 6 Tab I-34, # 7 Tab J) (Carlin, Stephen) (Entered: 06/05/2008) REPLY re: 60 MOTION to Dismiss Plaintiff's Fourth Amended Complaint filed by MortgageIT, Inc (Prudhomme, Jeffrey) (Entered: 06/20/2008) Appendix in Support filed by MortgageIT, Inc re 83 Reply to Response to Motion To Dismiss (Attachments: # 1 Exhibit 1, # 2 Exhibit 1A, # 3 Exhibit 1B, # 4 Exhibit 1C, # 5 Exhibit 1D, # 6 Exhibit 1E, # 7 Exhibit 1F, # 8 Exhibit 1G, # 9 Exhibit 1H, # 10 Exhibit 1I, # 11 Exhibit 1J, # 12 Exhibit 1K, # 13 Exhibit 1L, # 14 Exhibit 1M, # 15 Exhibit 1N, # 16 Exhibit 1O, # 17 Exhibit 1P, # 18 Exhibit 1Q, # 19 Exhibit 1R, # 20 Exhibit 1S1, # 21 Exhibit 1S2, # 22 Errata 1T, # 23 Exhibit 1U, # 24 Exhibit 1V, # 25 Exhibit 1W, # 26 Exhibit 1X, # 27 Exhibit 1Y1, # 28 Exhibit 1Y2, # 29 Exhibit 1Z, # 30 Exhibit 1AA, # 31 Exhibit 1BB, # 32 Exhibit 1CC, # 33 Exhibit 1DD1, # 34 Exhibit 1DD2, # 35 Exhibit 1EE, # 36 Exhibit 1FF, # 37 Exhibit 1GG, # 38 Exhibit 1HH, # 39 Exhibit 1II, # 40 Exhibit 2, # 41 Exhibit 3, # 42 Exhibit 4) (Prudhomme, Jeffrey) (Entered: 06/20/2008) NOTICE of Attorney Appearance by Jeffrey T Prudhomme on behalf of MortgageIT, Inc. (Prudhomme, Jeffrey) (Entered: 06/23/2008) Supplemental 7.1 Disclosure Statement by MortgageIT, Inc as to 15 Corporate Disclosure Statement. (Prudhomme, Jeffrey) Modified on 6/26/2008 (lmp). (Entered: 06/26/2008) MOTION for Leave to File EMC's Surreply in Opposition to Defendant's Motion to Dismiss EMC's Fourth Amended Complaint filed by EMC Mortgage Corp with Brief/Memorandum in Support. (Attachments: # 1 Exhibit A - EMC's Surreply to Defendant's Motion to Dismiss EMC's Fourth Complaint and Brief in Support, # 2 Appendix Appendix to Exhibit A EMC's Surreply, # 3 Text of Proposed Order) (Carlin, Stephen) (Entered: 07/23/2008) RESPONSE in Opposition filed by MortgageIT, Inc re 87 MOTION for Leave to File EMC's Surreply in Opposition to Defendant's Motion to Dismiss EMC's Fourth Amended Complaint (Prudhomme, Jeffrey) (Entered: 07/28/2008) Application and Order for Admission Pro Hac Vice by Marci M Fulton for MortgageIT, Inc. (see order) (Signed by Judge David C Godbey on 08/01/08) (lmp) (Entered: 08/05/2008) Application and Order for Admission Pro Hac Vice by Adlai Small for MortgageIT, Inc. (see order) (Signed by Judge David C Godbey on 08/01/08) (lmp) (Entered: 08/05/2008) Application and Order for Admission Pro Hac Vice by Edward Wisneski for MortgageIT, Inc. (see order) (Signed by Judge David C Godbey on 08/01/08) (lmp) (Entered: 08/05/2008) Plaintiff EMC Mortgage Corp.'s Original Reply to Defendant's 63 Amended Answer to Complaint, Counterclaim (McPeak, Marc) Modified on 8/19/2008 (tln). (Entered: 08/18/2008) NOTICE of Attorney Appearance by Peter Samir Wahby on behalf of EMC Mortgage Corp. Party Peter S. Wahby added. (Wahby, Peter) (Entered: 08/21/2008) Unopposed MOTION for Leave to File First Amended Answer to Defendant's Second 7/6/2011

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Page 11 of 12 Amended Answer and Counterclaims filed by EMC Mortgage Corp (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order) (McPeak, Marc) (Entered: 08/22/2008)

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MOTION to Compel filed by EMC Mortgage Corp with Brief/Memorandum in Support. (McPeak, Marc) (Entered: 08/22/2008) Appendix in Support filed by EMC Mortgage Corp re 95 MOTION to Compel and Brief in Support (Attachments: # 1 Exhibit Tab 1, # 2 Exhibit Tab 2, # 3 Exhibit Tab 3, # 4 Exhibit Tab 4, # 5 Exhibit Tab 5, # 6 Exhibit Tab 6, # 7 Exhibit Tab 7, # 8 Exhibit Tab 8, # 9 Exhibit Tab 9, # 10 Exhibit Tab 10, # 11 Exhibit Tab 11, # 12 Exhibit Tab 12) (McPeak, Marc) (Entered: 08/22/2008) TRANSCRIPT of Motion for Continuance Proceedings held on 06/02/2008 before Judge David C. Godbey. Court Reporter/Transcriber Linda J. Robbins, Telephone number 214748-8068. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 9/16/2008. Redacted Transcript Deadline set for 9/26/2008. Release of Transcript Restriction set for 11/24/2008. (ljr) (Entered: 08/26/2008) ORDER Setting Deadline as to 95 Motion to Compel. Motion Hearing set for 9/8/2008 04:30 PM before Judge David C Godbey. (Signed by Judge David C Godbey on 8/28/2008) (axm) (Entered: 08/28/2008) ORDER granting 94 Plaintiff's Unopposed Motion for Leave to File its First Amended Answer. Plaintiff shall file same within five (5) days of the entry of this Order. (Signed by Judge David C Godbey on 8/29/2008) (axm) (Entered: 08/29/2008) Supplemental Document by EMC Mortgage Corp as to 95 MOTION to Compel EMC's Supplement to Motion to Compel. (McPeak, Marc) (Entered: 08/29/2008) Supplemental Document by EMC Mortgage Corp as to 96 Appendix in Support, Supplement Appendix in Support of EMC's Supplement to Motion to Compel 100 . (Attachments: # 1 Supplement Tab 13, # 2 Supplement Tab 14, # 3 Supplement Tab 15, # 4 Supplement Tab 16, # 5 Supplement Tab 17) (McPeak, Marc) (Entered: 08/29/2008) Joint MOTION to Extend Summary Judgment Deadline filed by EMC Mortgage Corp, MortgageIT, Inc. (Attachments: # 1 Text of Proposed Order Proposed Order to Extend Summary Judgment Deadline) (McPeak, Marc) Modified on 9/3/2008 (klm). (Entered: 09/02/2008) AMENDED ANSWER to 63 Second Amended Answer and Counterclaims filed by EMC Mortgage Corp. (McPeak, Marc) Modified on 9/3/2008 (klm). (Entered: 09/02/2008) RESPONSE in Opposition filed by MortgageIT, Inc re 95 MOTION to Compel (Prudhomme, Jeffrey) (Entered: 09/05/2008) Appendix in Support filed by MortgageIT, Inc re 104 Response in Opposition (Attachments: # 1 Appendix Index, # 2 Exhibit Naidus Depo, # 3 Exhibit Occhino 1, # 4 Exhibit Occhino 2, # 5 Exhibit Occhino 3, # 6 Exhibit Occhino 4, # 7 Exhibit Wornow, # 8 Exhibit Tabs 414, # 9 Exhibit Appendix 15-19) (Prudhomme, Jeffrey) (Entered: 09/05/2008) MOTION for Partial Summary Judgment filed by EMC Mortgage Corp with Brief in Support. (McPeak, Marc) Modified on 9/9/2008 (jyg). (Entered: 09/08/2008) Appendix in Support filed by EMC Mortgage Corp re 106 MOTION for Partial Summary Judgment and Brief in Support (Attachments: # 1 Exhibit Tabs 1 & 2, # 2 Exhibit Tab 3 & 4, # 3 Exhibit Tabs 5 to 17, # 4 Exhibit Tab 18, # 5 Exhibit Tabs 19 to 29, # 6 Exhibit Tabs 30 7/6/2011

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Minute Entry for proceedings held before Judge David C Godbey: taking under advisement 95 Motion to Compel; Expedited Discovery Hearing held on 09/08/2008. Attorney Appearances: Plaintiff - Steve Carlin; Defense - Talcott Franklin, Joe Cox and Jeff Prudhomme. (Court Reporter Linda Robbins.) Time in Court: 37 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (cxj) (Entered: 09/09/2008) 109 TRANSCRIPT of Motion to Compel Proceedings held on 09/08/2008 before Judge David C. Godbey. Court Reporter/Transcriber Linda J. Robbins, Telephone number 214-748-8068. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 10/2/2008. Redacted Transcript Deadline set for 10/14/2008. Release of Transcript Restriction set for 12/10/2008. (ljr) (Entered: 09/11/2008) ORDER. An expedited hearing is scheduled on September 22, 2008, at 4:30 p.m. on Plaintiff's Supplemental Motion filed on August 29, 2008 (doc. 100). Defendant's Response should be filed on or before September 18, 2008. (Signed by Judge David C Godbey on 9/11/08) (jrb) (Entered: 09/11/2008) ORDER granting 102 Joint MOTION to Extend Summary Judgment Deadline. (see order) (Signed by Judge David C Godbey on 09/11/08) (lmp) (Entered: 09/12/2008) EMC's Reply in Support of Its Motion to Compel REPLY re: 95 MOTION to Compel filed by EMC Mortgage Corp (McPeak, Marc) (Entered: 09/15/2008) Emergency MOTION to Strike Plaintiff's List of Questions and Topics for which it Seeks Additional Deposition Testimony filed by MortgageIT, Inc (Prudhomme, Jeffrey) (Entered: 09/16/2008) RESPONSE in Opposition filed by EMC Mortgage Corp re 113 Emergency MOTION to Strike Plaintiff's List of Questions and Topics for which it Seeks Additional Deposition Testimony (McPeak, Marc) (Entered: 09/18/2008) Joint MOTION to Dismiss with Prejudice filed by MortgageIT, Inc, EMC Mortgage Corp, EMC Mortgage Corp (Attachments: # 1 Text of Proposed Order) (Prudhomme, Jeffrey) (Entered: 11/20/2008) AGREED ORDER OF DISMISSAL WITH PREJUDICE granting 115 Motion to Dismiss. All Parties shall bear their own costs. (See Order) (Ordered by Judge David C Godbey on 12/1/08) (skt) (Entered: 12/02/2008)

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