Opinion
MASTER FILE 02 Civ. 3288 (DLC).
April 11, 2005
ORDER
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 conference:
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 extent.
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 theSecurities 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.
SO ORDERED: