United States District Court, S.D. New York
April 12, 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
On April 8, 2004, a conference in the Securities Litigation addressed,
inter alia, discovery disputes among the parties. This Order concerns one
of those issues: electronic discovery. As a result of a series of
conferences with the Court, the Underwriter Defendants (excluding Salomon
Smith Barney ("SSB")) in the Securities Litigation had been ordered to
substantially complete their production of electronic discovery to the
Lead Plaintiff in the Securities Litigation by April 2, 2004. SSB and the
Lead Plaintiff had reached agreement regarding SSB's production. The
April 2 date accommodated to a great extent the Underwriter Defendants'
requests in this regard. The Underwriter Defendants were not able to meet
that schedule for four of their members, including most critically J.P.
Morgan. At the April 8 conference, the Underwriter Defendants requested
that they be given until April 19 for three of the four institutions
(Westdeutsche Landesbank Girozentrale, Blaylock Capital Partners, and
Tokyo-Mitsubishi International), and until April 30 for J. P. Morgan. The Lead Plaintiff has asked that in the event that any deposition has
to be retaken to address electronic discovery not produced by April 2,
that that additional deposition time not be counted against the
plaintiffs' sixty deposition days for discovery in the Securities
Litigation. It has also requested that the Underwriter Defendants conduct
additional electronic discovery searches for nine more custodians from
three institutions. It is hereby
ORDERED that the Underwriter Defendants must complete their production
of electronic discovery for the four remaining institutions by April 19,
or in the case of J.P. Morgan by April 30. Should these defendants fail
to meet this schedule, the plaintiffs may request that they be relieved
of their obligation to share expenses in the production of electronic
discovery by these institutions.
IT IS FURTHER ORDERED that the plaintiffs' request that additional
deposition time, occasioned by production of electronic discovery
materials after April 2, not be deducted from their sixty-day limit is
IT IS FURTHER ORDERED that the plaintiffs' request for electronic
discovery from nine more custodians is granted.
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