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IN RE WORLDCOM

January 26, 2004.

IN RE WORLDCOM, INC. SECURITIES LITIGATION, This Document Relates to: ALL ACTIONS


The opinion of the court was delivered by: DENISE COTE, District Judge

ORDER

The parties in this consolidated Securities Litigation have submitted drafts of orders to coordinate the litigation pending in federal court with the WorldCom litigation pending in state court. At a conference on January 22, 2004, the Court outlined its conclusions from a review of the draft orders, and Underwriter Defendants agreed to submit another proposed Discovery Coordination Order. Having received the proposed Order today from the Underwriter Defendants, and having revised the document, it is hereby

ORDERED that all parties who wish to propose changes to the attached January 26 draft Discovery Coordination Order must submit their proposals to the Court by January 28 at 10:00 a.m.

  DISCOVERY COORDINATION ORDER

  WHEREAS on May 28, 2003, the United States District Court for the Southern District of New York entered an order consolidating for pretrial purposes the securities class actions (the "Class Action") relating to WorldCom, Inc. ("WorldCom") and the lawsuits that allege individual rather than class claims (the "Individual Actions") that have been assigned to it (collectively, the "Consolidated Actions"); and

  WHEREAS there are actions pending in state courts (the "State Court Actions") that share questions of law and fact, and defendants with the Consolidated Actions; and

  WHEREAS there currently are pending more than sixty Individual Actions, and six State Court Actions; and

  WHEREAS the United States District Court for the Southern District of New York has entered two Scheduling Orders (Annexed hereto as Exhibit A) setting certain pre-trial discovery rules and deadlines for the Consolidated Actions, and has set the Class Action for trial to begin on January 10, 2005; and Page 2

  WHEREAS, in the interests of justice and judicial efficiency, the United States District Court for the Southern District of New York and the State Courts in the State Court Actions that have entered orders substantially in the form annexed hereto as Exhibit B (the "State Court Coordination Order") have determined to coordinate the pre-trial discovery in connection with the pending WorldCom litigation in the Consolidated Actions and the State Court Actions;

  IT IS HEREBY ORDERED:
Principles of Coordination
  The United States District Court for the Southern District of New York and the State Courts in the State Court Actions that have entered State Court Coordination Orders agree to conduct coordinated discovery pursuant to the following principles:

  1. Discovery and trial in the Individual Actions and the State Court Actions shall not delay or interfere with discovery in and trial of the Class Action. Accordingly, the first trial in the WorldCom securities litigation shall be the Class Action trial, which is scheduled to commence on January 10, 2005.

  2. The stays of discovery or proceedings imposed by the Court in the Consolidated Actions as to one or more parties shall be effective in the State Court Actions.

  3. Discovery in the State Court Actions shall be coordinated so that it is not more expedited than the expert and fact discovery schedule in the Consolidated Actions, the current schedule for which is set forth in the Scheduling Orders annexed hereto as Exhibit A.

  4. The parties in the State Court Actions will use documents, interrogatory responses and responses to requests for admission made or produced in the Consolidated Actions, provided however that no discovery produced in the Consolidated Actions may be used in any State Court Page 3 Action until all counsel for any party in a State Court Action executes and agrees to be bound by a confidentiality order that is substantially similar to the Stipulated and Agreed Confidentiality Order entered by the United States District Court for the Southern District of New York on October 24, 2003, so long as such order is permitted by relevant state law. The parties in the State Court Actions may serve non-duplicative supplemental document requests, interrogatories, and requests for admission in the State Court ...


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