BACKGROUND OF THE LITIGATION

This Class Action arises out of the October 5-7, 2006 fire at EQIS's facility in Apex, North Carolina, and the subsequent evacuation of the area surrounding the fire sometimes herein referred to as the "Incident." As a result of the Incident, emergency response authorities recommended an evacuation from the Recommended Evacuation Zone (See Boundary Map). In addition, as a result of the Incident, certain residents of the Town of Apex outside the boundaries of the Recommended Evacuation Zone, in an area described as the Secondary Evacuation Zone (See Boundary Map), chose to evacuate. Finally, a number of Businesses within and geographically contiguous to the Recommended Evacuation Zone are alleged to have suffered economic loss due to the evacuations.

As a result of the Incident, four (4) putative class actions-in which claims were made for the recovery of compensatory and punitive damages as a consequence of the Incident-were initiated against EQIS, Allworth, LLC f/k/a Allworth, Inc. ("Allworth"), and/or ST Mobile Aerospace Engineering, Inc. ("MAE") by the Plaintiffs and others. These cases have been consolidated in the United States District Court for the Eastern District of North Carolina. With leave of Court, Plaintiffs filed a Fourth Supplemental and Amended Master Class Action Complaint relating to all consolidated cases.