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IN RE WORLDCOM

United States District Court, S.D. New York


August 13, 2004.

IN RE WORLDCOM, INC. SECURITIES LITIGATION. This Document Relates to: HEAVY & GENERAL LABORERS' LOCALS 472 & 172 PENSION & ANNUITY FUNDS, et al., Plaintiffs,
v.
CITIGROUP, INC., et al., Defendants.

The opinion of the court was delivered by: DENISE COTE, District Judge

ORDER

An Order of July 21, 2004 ("July 21 Order") dismissed certain claims in the above-referenced Individual Action with prejudice. The July 21 Order permitted plaintiffs in No. 03 Civ. 3860, to remain members of the class in the WorldCom consolidated class action if they filed a motion to dismiss voluntarily prior to the end of the opt out period — September 1, 2004. On August 12, the Court received a motion to dismiss voluntarily by Heavy & General Laborers' Locals 472 & 172 Pension Fund (the "Pension Fund").*fn1 It is hereby

ORDERED that the motion of the Pension Fund to dismiss its complaint voluntarily on the condition that it participate in the WorldCom consolidated class action is granted. Each of its claims in No. 03 Civ. 3680 is dismissed with prejudice except as further described below.

  IT IS FURTHER ORDERED that the Pension Fund is permitted to remain a member of the class in the WorldCom consolidated class action without prejudice as to its right to recover for any claims that are brought on behalf of the class.

  SO ORDERED.


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