Opinion
MASTER FILE 02 Civ. 3288 (DLC).
January 18, 2006
ORDER
By Order dated October 11, 2005, claimants George Roeser and Lana Roeser ("Roesers") were ordered to show cause at noon on November 18, 2005, in Courtroom 11B, 500 Pearl Street, New York, New York, why the Roesers should not be enjoined from pursuing NASD arbitration claims against the Citigroup Defendants to the extent they relate to investments in securities issued by WorldCom. Roesers were ordered to submit any papers in opposition to such an injunction by November 4, 2005.
Roesers did not file any papers in opposition. By letter, dated November 9, 2005, the Roesers advised the Court that they did not oppose the motion as long as they could "timely file a claim in the Class Action settlement." Having failed to receive any opposition to the October 11 Order, it is hereby
ORDERED that Roesers are enjoined from arbitrating any claims relating to investments in securities issued by WorldCom.
IT IS HEREBY FURTHER ORDERED that Roesers are permanently barred and enjoined from instituting, commencing or prosecuting, either directly or in any other capacity, all claims of every nature and description, known and unknown, arising out of or relating to investments (including, but not limited to, purchases, sales, exercises, and decisions to hold) in securities issued by WorldCom, and/or in options or derivative instruments based in whole or in part on the value of securities issued by WorldCom (including Targeted Growth Enhanced Terms Securities with respect to MCI WorldCom, Inc. and GOALs issued by UBS AG), including without limitation all claims arising out of or relating to any analyst research reports or other statements made or issued by the Citigroup Defendants concerning WorldCom; any disclosures, registration statements or other statements by WorldCom; as well as all claims asserted by or that could have been asserted by the Roesers or any member of the Class in the Action against the Citigroup Releasees.
IT IS FURTHER ORDERED that class counsel shall submit a response to the Roesers' request to file a late claim in the class action settlement by January 27, 2006.
IT IS FURTHER ORDERED that the Roesers shall submit any reply by February 3.
SO ORDERED: