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,
CITIGROUP, INC., et al., Defendants.
The opinion of the court was delivered by: DENISE COTE, District Judge
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
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.