United States District Court, Southern District of New York
September 3, 2003
IN RE WORLDCOM, INC. SECURITIES LITIGATION, THIS DOCUMENT RELATES TO: ALL ACTIONS
The opinion of the court was delivered by: Denise Cote, District Judge
Plaintiffs in Individual Actions consolidated with the In re WorldCom, Inc. Securities Litigation for pre-trial purposes who are represented by Milberg Weiss Bershad Hynes & Lerach LLP ("Milberg Weiss Actions") have filed a motion for reconsideration of this Court's August 11, 2003 Order ("August 11 Order") deeming withdrawn their motion for certification of an interlocutory appeal from Orders of May 5 and May 20, 2003 denying motions to remand. The motion is opposed.
As set forth in the August 11 Order, the motion for certification was fully submitted on June 20, 2003, and was supplemented by submissions dated July 23, July 25, and July 28, 2003. On August 8, 2003, shortly after the last of these submissions, the Milberg Weiss Actions filed a petition for a writ of mandamus in the Court of Appeals for the Second Circuit directing this Court to vacate Orders of March 3, May 5, and May 20, 2003 denying motions to remand ("Remand Opinions").
The petition raises substantially the same arguments as set forth in the certification motion. It would be wasteful of judicial resources for both this Court and the Second Circuit simultaneously to consider and decide such substantially similar questions. As the August 11 Order stated, the motion for certification was deemed withdrawn "without prejudice" to its renewal following completion of the litigation on the pending petition for a writ of mandamus.
Accordingly, it is hereby
ORDERED that the motion for reconsideration is denied.
SO ORDERED Page 1
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