United States District Court, S.D. New York
April 11, 2005.
IN RE WORLDCOM, INC. SECURITIES LITIGATION. This Document Relates to: ALL ACTIONS.
The opinion of the court was delivered by: DENISE COTE, District Judge
A conference regarding scheduling issues for Individual Actions
in the Securities Litigation has been scheduled for April 15,
2005, at 11 a.m. It is hereby
ORDERED that parties in the Individual Actions may submit
proposed agenda items by hand delivering a letter no longer than
two pages to the Court by April 13 at 5:00 p.m.
IT IS FURTHER ORDERED that the defendants in the Individual
Actions shall jointly submit a list of pending Individual
Actions, with a summary description of the status of each action,
by April 14, 2005.
IT IS FURTHER ORDERED that parties to the Individual Actions
shall be prepared to address the following issues at the
1) Regarding discovery, in those Individual Actions in
which motions to dismiss have been decided, whether a
schedule for the completion of discovery and the
filing of summary judgment motions should not be set;
in those Individual Actions in which motions to
dismiss have not been filed or decided, whether discovery should not be stayed; for any Individual
Action that arrived on this Court's docket after July
9, 2004, the close of fact discovery in the
Securities Litigation except for discovery
to be taken of plaintiffs by defendants in the
Individual Actions, whether the plaintiffs will be
permitted to take additional discovery of the
defendants or third parties, and if so, to what
2) Regarding any motion to amend, whether the
plaintiffs who have filed or who may in the future
file a motion to amend, should not be required to show
why the decisions already issued in the
Securities Litigation addressing motions to
amend do not govern their application.
3) Regarding proposed motions to dismiss, whether a
schedule for such motions should not be set.
4) Regarding any motion to remand an Individual Action
filed after MCI, Inc. emerged from bankruptcy, whether
the defendants will be consenting to such motions.
5) Regarding the NYCERS action, No. 02 Civ. 8981
(DLC), whose motion for summary judgment is due to be
filed July 8, 2005, whether the summary judgment
Opinions issued in the Securities Litigation
class action should not be deemed to govern the issues
in the NYCERS action, and whether a trial date should
not be set.
6) Regarding summary judgment practice, whether any
other action in addition to the NYCERS action has
completed discovery and is ready for the scheduling of summary judgment
practice or transfer for trial.
7) Regarding settlement, whether a series of
settlement conferences before the Honorable Robert W.
Sweet and Michael Dolinger should not be scheduled.
IT IS FURTHER ORDERED that counsel for the defendants in the
Individual Actions should be prepared to designate a liaison
counsel for the defendants.
IT IS FURTHER ORDERED that all plaintiffs who have filed
Individual Actions are reminded that they are responsible for
being fully familiar with the Orders and Opinions entered in the
Securities Litigation, and for complying with each of them as
well as the Local Rules for the Southern District of New York,
including the requirements that they provide courtesy copies to
the Court of all filings, and that they daily review Courtweb,
accessible from the Southern District of New York homepage at
http://www.nysd.circ2.dcn, to learn of any Orders and Opinions
issued in the Securities Litigation.
IT IS FURTHER ORDERED that Liaison Counsel for the Individual
Actions shall promptly serve a copy of this Order on counsel for
plaintiffs in every Individual Action pending before this Court
by facsimile, e-mail, or similar means.
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