United States District Court, S.D. New York
January 30, 2004.
IN RE WORLDCOM, INC. SECURITIES LITIGATION, This Document Relates to: 02 Civ. 3288 (DLC); METROPOLITAN GOVERNMENT OF NASHVILLE & DAVIDSON COUNTY, Plaintiff -v- BERNARD J. EBBERS, et al., Defendants
The opinion of the court was delivered by: DENISE COTE, District Judge Page 2
MEMORANDUM OPINION AND ORDER
[EDITORS' NOTE: THIS PAGE CONTAINED ATTORNEYS' NAMES]
On December 15, 2003, plaintiff the Metropolitan Government of
Nashville and Davidson County, Tennessee ("Nashville") served a motion to
dismiss its complaint voluntarily pursuant to Rule 41(a), Fed.R. Civ.
P., on the condition that it be permitted to participate in the
securities class action arising out of the collapse of WorldCom, Inc.
("WorldCom"). The motion is opposed by defendants, but supported by Lead
Plaintiff for the WorldCom class action. For tie reasons stated in the
Opinion and Order issued by this Court on January 26, 2004, to resolve a
parallel motion brought on behalf of six actions filed by Milberg Weiss
Bershad Hynes & Leracn, the motion is granted with the following
condition plaintiff may not opt out of the class or seek in any
way to continue its Individual Action.*fn1
Nashville filed this action in the United States District Court of the
Middle District of Tennessee on August 15, 2003, alleging violations of
the Securities Act of 1933 ("Securities Act") and of the Securities
Exchange Act of 1934. Defendants moved to dismiss certain claims in this
action on December 2, and a scheduling order of January 20, 2004 requires
submit their opposition to the motion to dismiss by January 23,
Meanwhile, on December 15, Nashville served a motion for a voluntary
dismissal of its action. Nashville principally argues that it is entitled
to dismissal pursuant to Rule 41(a)(2), Fed.R.Civ.P. Nashville
requests an opportunity to voluntarily dismiss its action in order to
permit it to join the WorldCom class action. According to its counsel,
Nashville requests the right to "participate in the class fully, and
without prejudice to any of its rights, as if it had not filed its
Individual Action" and agrees that it will not opt out of the class".
The defendants have not shown that this dismissal should be conditioned
on the payment of fees and costs. Their request for such an award is
The motion by the Metropolitan Government of Nashville and Davidson
County to dismiss its action voluntarily pursuant to Rule 41(a)
conditioned on it remaining a member of the WorldCom securities class
action, is granted.