Opinion
Master File 02 Civ. 4816 (DLC).
March 9, 2005
Lynn Lincoln Sarko, Gary A. Gotto, Juli F. Desper, Tana Lin, Keller Rohrback L.L.P., Seattle, Washington, Lead Counsel for ERISA Plaintiffs.
Jeffrey Lewis, Lewis Feinberg, P.C., Oakland, California, Steering Committee Member for ERISA Litigation.
Edwin J. Mills, Stull, Stull Brody, New York, New York, Local Counsel for ERISA Litigation.
Craig A. Stewart, Arnold Porter LLP, New York, New York, and Irvin B. Nathan, Julie B. Rottenberg, Arnold Porter LLP, Washington, D.C., Counsel for Defendant Scott D. Sullivan.
STIPULATION
In connection with the upcoming deposition of Scott D. Sullivan currently noticed for Thursday, March 10, 2005 by the Underwriter-Related Defendants in In re WorldCom, Inc. Securities Litigation, No. 02-3288 (S.D.N.Y.), WorldCom ERISA Plaintiffs and Scott D. Sullivan agree and stipulate as follows:
1. As the litigation in the above-referenced case against Scott Sullivan was stayed by an order of this Court dated December 5, 2002, the parties agree that Mr. Sullivan will not be deposed for purposes of the ERISA litigation on March 10, 2005.
2. The parties also agree that the WorldCom ERISA Plaintiffs have not waived their right to depose Mr. Sullivan at a future date once the stay is listed.
3. Mr. Sullivan agrees to make himself available for a deposition in the ERISA litigation at a mutually agreeable time and location upon the lifting of the stay in the ERISA litigation.