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EXHIBIT 2



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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

No. CV-09-0443-PHX-GMS
CASE MANAGEMENT ORDER

Securities and Exchange Commission,

Plaintiff,

vs.

Martin G. Fraser; Don W. Watson; Edward
W. O’Brien; and Gary M. Opper

Defendants.

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On April 30, 2010, a Case Management Conference was held pursuant to Rule 16(b)

of the Federal Rules of Civil Procedure. The parties met before the conference in accordance

with Rule 26(f) and prepared a Case Management Report. On the basis of the Case

Management Conference and the Case Management Report,

IT IS HEREBY ORDERED:

1.

Deadline for Initial Disclosures. Initial disclosures required by Federal Rule

of Civil Procedure 26(a), if not already exchanged, shall be exchanged no later than May 7,

2010. The parties shall file with the Clerk a Notice of Initial Disclosure, rather than copies

of the actual disclosures.

2.

Deadline for Joining Parties, Amending Pleadings, and Filing Supplemental

Pleadings. The deadline for joining parties, amending pleadings, and filing supplemental

pleadings is 60 days from the date of this Order.

3.

Discovery Limitations. Depositions in this case shall be limited to seven hours

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each as provided in Rule 30(d)(2) of the Federal Rules of Civil Procedure. Each side may

propound up to 40 interrogatories, including subparts, 40 requests for production of

documents, including subparts, and 40 requests for admissions, including subparts. The

limitations set forth in this paragraph may be increased by mutual agreement of the parties,

but such an increase will not result in an extension of the discovery deadlines set forth below.

4.

Deadline for Completion of Fact Discovery. The deadline for completing fact

discovery shall be October 31, 2011. To ensure compliance with this deadline, the following

rules shall apply:

a.

Depositions: All depositions shall be scheduled to commence at least

five working days prior to the discovery deadline. A deposition commenced five days prior

to the deadline may continue up until the deadline, as necessary.

b.

Written Discovery: All interrogatories, requests for production of

documents, and requests for admissions shall be served at least 45 days before the discovery

deadline.

c.

Notwithstanding Local Rule of Civil Procedure 7.3(c), the parties may

mutually agree, without Court approval, to extend the time provided for discovery responses

in Rules 33, 34, and 36 of the Federal Rules of Civil Procedure. Such agreed-upon

extensions, however, shall not alter or extend the discovery deadlines set forth in this Order.

5.

Deadlines for Disclosure of Experts and Completion of Expert Discovery.

a.

The Plaintiff(s) shall provide full and complete expert disclosures as

required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than

November 30, 2011.

b.

The Defendant(s) shall provide full and complete expert disclosures as

required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than

November 30, 2011.



c.

Rebuttal expert disclosures, if any, shall be made no later than January

10, 2012. Rebuttal experts shall be limited to responding to opinions stated by initial experts.

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d.

Expert depositions shall be completed no later than February 10, 2012.

As with fact witness depositions, expert depositions shall be scheduled to commence at least

five working days before the deadline.

e.

Disclosures under Rule 26(a)(2)(A) must include the identities of

treating physicians and other witnesses who have not been specially employed to provide

expert testimony in this case, but who will provide testimony under Federal Rules of

Evidence 702, 703, or 705. A Rule 26(a)(2)(B) report is required for any opinion of such

witnesses that was not developed in the course of their treatment or other factual involvement

in this case.

f.

As stated in the Advisory Committee Notes to Rule 26 (1993

Amendments), expert reports disclosed under Rule 26(a)(2)(B) must set forth “the testimony

the witness is expected to present during direct examination, together with the reasons

therefore.” Full and complete disclosures of such testimony are required on the dates set

forth above; absent truly extraordinary circumstances, parties will not be permitted to

supplement their expert reports after these dates.

6.

Discovery Disputes.

a.

The parties shall not file written discovery motions without leave of

Court. If a discovery dispute arises, the parties promptly shall contact the Court to request

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a telephone conference concerning the dispute. The Court will seek to resolve the dispute

during the telephone conference, and may enter appropriate orders on the basis of the

telephone conference. The Court may order written briefing if it does not resolve the dispute

during the telephone conference.

b.

Parties shall not contact the Court concerning a discovery dispute

without first seeking to resolve the matter through personal consultation and sincere effort

as required by Local Rule of Civil Procedure 7.2(j). Any briefing ordered by the Court shall

The prohibition on “written discovery motions” includes any written materials delivered or
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faxed to the Court, including hand-delivered “correspondence” with attachments.

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also comply with Local Rule of Civil Procedure 7.2(j).

c.

Absent extraordinary circumstances, the Court will not entertain fact

discovery disputes after the deadline for completion of fact discovery, and will not entertain

expert discovery disputes after the deadline for completion of expert discovery.

7.

Deadline for Filing Dispositive Motions.

a.

Dispositive motions shall be filed no later than March 10, 2012. Such

motions must comply in all respects with the Federal Rules of Civil Procedure and the Local

Rules.

b.

No party shall file more than one motion for summary judgment under

Rule 56 of the Federal Rules of Civil Procedure unless permission is first obtained, by joint

telephone call, from the Court.

c.

Failure to respond to a motion within the time periods provided in Local

Rule of Civil Procedure 7.2 will be deemed a consent to the denial or granting of the motion

and the Court may dispose of the motion summarily pursuant to Local Rule of Civil

Procedure 7.2(i).

d.

The parties shall not notice oral argument on any motion. Instead, a

party desiring oral argument shall place the words "Oral Argument Requested" immediately

below the title of the motion pursuant to Local Rule of Civil Procedure 7.2(f). The Court

will issue a Minute Entry Order scheduling oral argument as it deems appropriate.

8.

Deadline for Engaging in Good Faith Settlement Talks. All parties and their

counsel shall meet in person and engage in good faith settlement talks no later than August

31, 2011. Upon completion of such settlement talks, and in no event later than five working

days after the deadline set forth in the preceding sentence, the parties shall file with the Court

a Joint Report on Settlement Talks executed by or on behalf of all counsel. The Report shall

inform the Court that good faith settlement talks have been held and shall report on the

outcome of such talks. The parties shall indicate whether assistance from the Court is needed

in seeking settlement of the case. The parties shall promptly notify the Court at any time

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when settlement is reached during the course of this litigation.

9.

Deadline for Notice of Readiness for Pretrial Conference. The Plaintiff(s) shall

notify the Court that the parties are ready for scheduling of a Final Pretrial Conference

pursuant to Rule 16(d) of the Federal Rules of Civil Procedure. The Plaintiff(s) shall file and

serve this notice within ten days of the dispositive motion deadline if no dispositive motions

are pending on that date. If dispositive motions are pending, Plaintiff(s) shall file and serve

such notice within ten days after the resolution of dispositive motions. The Court will then

issue an Order Setting Final Pretrial Conference that (a) sets deadlines for briefing motions

in limine, (b) includes a form for the completion of the parties' joint proposed Final Pretrial

Order, and (c) otherwise instructs the parties concerning their duties in preparing for the

Final Pretrial Conference. A firm trial date will be set at the Final Pretrial Conference.

10.

The Deadlines Are Real. The parties are advised that the Court intends to

enforce the deadlines set forth in this Order, and should plan their litigation activities

accordingly. Even if all parties stipulate to an extension, the Court will not extend the

deadlines, absent good cause to do so. The pendency of settlement discussions or the

desire to schedule mediation does not constitute good cause, unless discovery is

substantially complete and the extension requested is minimal.

DATED this 3rd day of May, 2010.

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