The opinion of the court was delivered by: DENISE COTE, District Judge
Plaintiffs in the above-captioned actions allege claims arising from
the purchase of Targeted Growth Enhanced Terms Securities With Respect to
the Common Stock of MCI WorldCom, Inc., due August 15, 2003 ("TARGETS"),
a publicly traded preferred security issued by Targets Trust, an
Salomon Smith Barney, Inc. ("SSB"). The claims in these actions
arise from the same nucleus of facts surrounding the collapse of WorldCom
as alleged in the In re WorldCom, Inc. Securities Litigation
("Securities Litigation"). On January 30, 2004, plaintiff Ina
Rosenblum ("Rosenblum") in 03 Civ. 9490, moved for consolidation of her
action with Castellani v. Citigroup., 03 Civ. 10066 as related
actions, appointment as Lead Plaintiff in the consolidated actions, and
approval of Goodkind Labaton Rudoff & Sucharow LLP as Lead Counsel
for the class.
Rosenblum requests and defendants do not oppose consolidation of the
action in the manner ordered on August 8, 2003 in In re PaineWebber
GOALs Securities Litigation GOALs Actions ("GOALs Litigation").
Having had an Initial Pre-Trial Conference on this matter on February 18,
and having received on February 20 further information regarding
Rosenblum, it is hereby,
ORDERED as follows:
1. Rosenbloom and Castellani are consolidated for
all purposes pursuant to Rule 42(a), Fed.R.Civ.P. They shall be
referred to collectively as In re TARGETS Securities
Litigation, Master File No. 03 Civ. 9490 (DLC) ("TARGETS
2. The TARGETS Litigation shall be consolidated with the
Securities Litigation under the Master File No. 02 Civ. 3288
for pretrial purposes only.
3. No action taken hereunder shall have the effect of making any
person, firm or corporation a party to any action in which the person or
entity has not been named, served, or added as such in accordance with
the Federal Rules of Civil Procedure.
II. MASTER DOCKET AND SEPARATE ACTION DOCKETS
4. A Master Docket is hereby established for the consolidated
proceedings in the actions consolidated herein and any other actions
subsequently consolidated with them either for all purposes or for
pretrial purposes (the "Consolidated TARGETS Actions"). Entries in said
Master Docket shall be applicable to the Consolidated TARGETS Actions,
and entries shall be made therein in accordance with the regular
procedures of the Clerk of this Court, except as modified by this Order.
5. When a pleading is filed and the caption, pursuant to this Order,
shows that it is applicable to "All Actions," the Clerk shall file such
pleading in the Master File and note such filing in the Master Docket. No
further copies need be filed nor other docket entries made.
6. When a pleading or paper is filed and the caption shows that it is
applicable to less than All Actions, the Clerk shall file the original of
the paper in the Master File and a copy in the file of each separate
action to which it applies and shall note such filing in the Master
Docket and in the docket of each such separate action. The party filing
such paper shall supply the Clerk with sufficient copies of any paper to
permit compliance with this paragraph.
III. NEWLY FILED OR TRANSFERRED ACTIONS
7. When an action that relates to the same subject matter as the
Consolidated TARGETS Actions is hereafter filed in or transferred to this
Court and assigned to the undersigned, it shall be consolidated with
these actions in the same manner as the cases identified in Section I
above (provided that any case transferred to this Court solely for
pretrial proceedings shall be consolidated only to that extent absent
further order of this Court), except as provided below, and the Clerk of
a. File a copy of this Order in the separate file
for such action; and
b. Make an appropriate entry in the Master Docket.
8. Any defendant who has notice of the filing in or transfer to this
Court of a related case shall
a. Mail a copy of this Order to the attorneys for
the plaintiff(s) in the newly filed or
transferred case; and
b. File a notice of service of this Order with the
Clerk of Court to be docketed and filed in the
9. The Court requests the assistance of counsel in calling to the
attention of the Clerk the filing or transfer of any case which might
properly be consolidated with these actions.
IV. APPLICATION OF THIS ORDER TO SUBSEQUENT CASES
10. This Order shall apply to each action brought alleging claims
arising from the purchase or sale of Targets and assigned to the
undersigned which is subsequently filed in or transferred to this Court,
and which is assigned to the undersigned unless a party objecting to the
consolidation of that action or to any other provision of this Order
serves an application for relief from this Order or from any of its
provisions within ten (10) days after the date on which the Clerk mails a
copy of this Order ...