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IN RE WORLDCOM

United States District Court, S.D. New York


August 17, 2004.

IN RE WORLDCOM, INC. SECURITIES LITIGATION. This Document Relates to: WILLIAM C. MOXLEY, et al., Plaintiffs,
v.
CITIGROUP GLOBAL MARKETS INC. f/k/a SMITH BARNEY & CO., INC., Defendant.

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

ORDER

Through a letter dated August 6, 2004, counsel for plaintiffs in the above-referenced Individual Action, No. 04 Civ. 232 ("Moxley Plaintiffs"), inquire whether they will have the opportunity to take the depositions of Mark Daner ("Daner") and William Bennet ("Bennet"), Smith Barney employees in Georgia who acted as the plaintiffs' financial consultants in connection with their investments in WorldCom, Inc. ("WorldCom"). The Moxley Plaintiffs filed their action in September 2003, and it arrived on this Court's docket in January 2004. The Moxley Plaintiffs never objected to the consolidation of their case for discovery with the Securities Litigation. Fact discovery of the defendants in the Securities Litigation, including the Moxley case, closed on July 9, 2004. Had the Moxley Plaintiffs wished to depose an individual with information unique to their action, they were required to seek the Court's permission and to conduct that discovery on or before July 9, 2004. Having failed to comply with this Court's scheduling and consolidation orders, having failed to provide a sufficient explanation for their failure to do so, and having failed to act with sufficient diligence in raising these issues, it hereby

ORDERED that the Moxley Plaintiffs' request to depose Daner and Bennet is denied.

 

SO ORDERED.
20040817

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