The opinion of the court was delivered by: Milton Pollack, Senior District Judge [ Page 2]
CASE MANAGEMENT ORDER NO. 1
Pursuant to Fed.R.Civ.P. 42 and Section 21D(a)(3)(B)(ii) of the Securities Exchange Act of 1934, the following actions, brought on behalf of purchasers of the common stock of Tyco International, Ltd., are hereby consolidated for all purposes:
Carol Flicker v. Merrill Lynch, Pierce, Fenner & Smith Incorporated and Phua K. Young 03-CV-4080 (MP)
Milton Abowitz, Trustee v. Merrill Lynch, Pierce, Fenner & Smith Incorporated and Phua K. Young 03-CV-4174 (MP)
Teri and Glenn Rasmussin v. Merrill Lynch, Pierce, Fenner & Smith Incorporated and Phua K. Young 03-CV-4310 (MP)
Scott Clark v. Merrill Lynch, Pierce, Fenner & Smith Incorporated and Phua K. Young 03-CV-4417 (MP)
L.A. Murphy v. Merrill Lynch, Pierce, Fenner & Smith Incorporated and Phua K. Young 03-CV-5412 (MP) [ Page 3]
Jeff Adams v. Merrill Lynch, Pierce, Fenner & Smith Incorporated and Phua K. Young 03-CV-5550 (MP)
The consolidated actions shall be carried in the Clerk's office and known as In re Merrill Lynch Tyco Research Securities Litigation, 03-CV-4080 (MP). The Clerk shall administratively close all of the above-captioned actions, other than 03-CV-4080 (MP).
If an action that arises out of the same subject matter as the Merrill Lynch Tyco Research action is brought by shareholders of Tyco International, Ltd., is either filed in or transferred to this District, then counsel to the parties in Merrill Lynch Tyco Research shall serve a copy of this Order upon counsel for the parties in the new action. If no party to the new action objects within ten days after service of this Order, the new action shall be consolidated with the Merrill Lynch Tyco Research action and the Clerk shall administratively close the new action.
II. APPOINTMENT OF LEAD PLAINTIFF
The Court, having received one motion for appointment of lead plaintiff prior to the August 4, 2003 time deadline imposed by the Private Securities Litigation Reform Act of 1995 (PSLRA), see 15 U.S.C. § 78u-4(a)(3)(A)(i),*fn1 in accordance with its statutory obligations under the PSLRA hereby adopts a presumption that Ronald A. and Deborah S. Gutzwiller are the most adequate plaintiffs, having the largest stake in the relief sought by the class, and who, the Court finds, otherwise satisfy the requirements of Rule 23 of the Federal Rules of Civil Procedure. In addition, the time deadline for filing opposing affidavits and answering memoranda, if any, under Local Civil Rule 6.1(b) (2), has expired. No party has sought to rebut the ...