United States District Court, S.D. New York
June 28, 2004.
IN RE WORLDCOM, INC. SECURITIES LITIGATION. This Document Relates to: RON G. CRANE, State Treasurer, and the STATE OF IDAHO, Plaintiffs,
BERNARD J. EBBERS, et al., Defendants.
The opinion of the court was delivered by: DENISE COTE, District Judge
On June 16, 2004, the Underwriter Defendants, the SSB
Defendants, and Arthur Andersen LLP moved to dismiss with
prejudice certain claims in the above-captioned Individual Action
based on the November 21, 2003 and January 20, 2004 Opinions in
the Securities Litigation. See In re WorldCom, Inc. Sec.
Litig., 294 F. Supp.2d 431 (S.D.N.Y. 2003); In re WorldCom,
Inc. Sec. Litig., 308 F. Supp.2d 214 (S.D.N.Y.). In particular,
defendants moved to dismiss plaintiffs' claims based on the 1998
bond offering and the December 2000 private placement.
Plaintiffs were required to, but have not shown, why the two
prior Opinions in the Securities Litigation do not require
defendants' motion to be granted. Plaintiffs concede that these
claims fall directly within the scope of the November 21 and
January 20 Opinions, and merely seek to preserve their appellate
rights. Accordingly, it is hereby
ORDERED that the defendants' motion to dismiss with prejudice
plaintiffs' claims based on the 1998 bond offering and the
December 2000 private placement is granted.
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