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TEACHERS' RETIREMENT SYSTEM OF LOUISIANA v. ACLN LTD.

United States District Court, S.D. New York


June 3, 2004.

TEACHERS' RETIREMENT SYSTEM OF LOUISIANA, ET AL. Plaintiffs,
v.
ACLN LTD., ET AL. Defendants

The opinion of the court was delivered by: MILTON POLLACK, Senior District Judge

ORDER

At this advanced stage of the litigation, following the lengthy pre-trial motions and proceedings already had herein and the case seeming practically to be ready for trial, no decision was reached by the Court on BDO Seidman's motion whether the earlier Class Certification made on November 12, 2002 also applied to BDO Seidman, added to the case on December 12, 2002. The case is almost ready for trial.

That question will be reached on the damages phase as to BDO Seidman when and if that becomes ripe by an adverse verdict. The earlier certification for purposes of BDO Seidman will be ripe "as soon as practicable" under the late circumstances of this case. The question whether BDO Seidman should be treated as a Class Member Defendant or only as a defendant accountable to the individually named plaintiffs in the case — a question of damages. BDO Seidman was sued herein by plaintiffs as individuals as well as Class Members and the consolidated amended complaint was heretofore sustained, a year ago.

  The Motion for a Stay pursuant to Rule 23(f) F.R.Civ.P., is denied.

  So Ordered.

20040603

© 1992-2004 VersusLaw Inc.



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