United States District Court, S.D. New York
August 9, 2005.
IN RE ADELPHIA COMMUNICATIONS CORPORATION SECURITIES AND DERIVATIVE LITIGATION. THIS ORDER APPLIES TO 03-CV-5750.
The opinion of the court was delivered by: LAWRENCE McKENNA, District Judge
MEMORANDUM AND ORDER
Los Angeles County Employees Retirement Association ("LACERA")
moves for reconsideration of this Court's July 18, 2005 Order
(the "July 18 Order") which dismissed a § 10(b) claim against
Deloitte & Touche based on securities purchases between June 26
and November 6, 1999 ("the claims"). In re Adelphia
Communications Corp. Sec. & Deriv. Litig., No. 03 MD 1529, 2005
WL 1679540, at *7 (S.D.N.Y. July 18, 2005). LACERA argues that
the claims, asserted in a November 6, 2002 complaint, relate back
to a June 26, 2002 complaint which LACERA chose to voluntarily
dismiss. (Mot. for Recon. at 5) LACERA asks this Court to do what
it cannot, i.e., to find that the claims relate back to a
complaint that no longer exists. LACERA's motion is granted, and
upon reconsideration, the Court adheres to its original
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