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IN RE WorldCOM

November 14, 2005.

IN RE WORLDCOM, INC. SECURITIES LITIGATION. THIS DOCUMENT RELATES TO. SHRINERS HOSPITALS FOR CHILDREN, A Colorado Corporation Plaintiffs,
v.
BERNARD J. EBBERS, et al. Defendants.



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

FINAL ORDER AND JUDGMENT

WHEREAS, all plaintiffs (the "Settling Plaintiff") in the above captioned action (the "Action") have asserted, in their Amended Complaint dated July 11, 2003 (the "Complaint"), certain damages against Bernard J. Ebbers ("Ebbers") and other defendants named therein (the "Non-Settling Defendants"); and

WHEREAS, the Settling Plaintiffs and Ebbers have reached an agreement intended to settle, compromise and dismiss, on the merits and with prejudice, all claims asserted by this Settling Plaintiff against Ebbers (the "Settlement Agreement");

  NOW THEREFORE, IT IS HEREBY ORDERED that:

  1. This Order and Judgment incorporates by reference the definitions in the Settlement Agreement, and all capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Settlement Agreement.

  2. The Complaint and the Action are hereby dismissed without costs and on the merits and with prejudice in full and final discharge of any and all claims or obligations which were or could have been asserted by this Settling Plaintiff against Ebbers in the Complaint or the Action. The Court finds the Complaint was filed on a good faith basis in accordance with the Private Securities Litigation Reform Act and Rule 11 of the Federal Rules of Civil Procedure based upon all publicly available information.

  3. "Released Claim" means:

  a. with respect to the Ebbers Releasees (as defined herein), the release by this Settling Plaintiff of all claims and causes of action of every nature and description, known and unknown, whether under federal, state, common or foreign law, whether brought directly or derivatively, based upon, arising out of, or relating in any way to (a) investments (including, but not limited to, purchases, sales, exercises, and decisions to hold) in securities issued by WorldCom, including without limitation all claims arising out of or relating to any disclosures, public filings, registration statements or other statements by WorldCom or Ebbers; and (b) all claims asserted by or that could have been asserted by the Settling Plaintiffs against the Ebbers Releasees in the Action;

  b. with respect to the Plaintiff Releasees (as defined herein), the release by Ebbers of any claims relating to the institution or prosecution of the Action.

  4. "Ebbers Releasees" means Ebbers, his spouse and his family members, heirs, executors, administrators, successors, assigns, present and former attorneys, legal representatives, accountants, insurers, and agents, and any person or entity which is or was related to or affiliated with any Ebbers Releasee or in which any Ebbers Releasee has or had a controlling interest and the parents, subsidiaries, division, affiliates, predecessors, successors, present and former employees, officers and directors, attorneys, accountants, insurers, assigns and agents of each of them. The Ebbers Releasees shall not include any of the Non-Settling Defendants.

  5. "Plaintiff Releasees" means this Settling Plaintiff and its respective present and former parents, subsidiaries, division and affiliates, the present and former employees, officers and directors of each of them, the present and former attorneys, accountants, insurers, and agents of each of them, and the predecessors, heirs, successors and assigns of each, and any person or entity in which this Plaintiff Releasee has or had a controlling interest or which is or was related to or affiliated with this Plaintiff Releasee.

  6. "Released Parties" means:
a. with respect to Ebbers, the Ebbers Releasees;
b. with respect to this Settling Plaintiff, the Plaintiff Releasees.
  7. This Settling Plaintiff, its successors and assigns of any of them, and anyone claiming through or on behalf of any of them, are hereby permanently barred and enjoined from commencing, instituting or prosecuting in this Action or any other litigation or proceeding any Released Claims against any of the Ebbers Releasees or from pursuing outside of this Action any claim against any of the Ebbers Releasees that arises from or relates to the facts alleged in the Complaint.

  8. Ebbers, his successors and assigns of any of them, and anyone claiming through or on behalf of any of them, is hereby permanently barred and enjoined from commencing, instituting or prosecuting in this Action or any other litigation or proceeding any Released Claims against this Settling Plaintiff.

  9. The Released Claims against each and all of the Released Parties shall be released and dismissed with prejudice and on the merits, without costs to ...


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