Opinion
Master File 02 Civ. 3288 (DLC).
May 27, 2005
ORDER
On November 12, 2004, a Judgment Approving Settlement and Dismissing Action Against the Citigroup Defendants (the "Judgment") was issued in this consolidated class action. The Judgment released and dismissed certain defined Released Claims against certain defined Released Parties, and permanently barred and enjoined class members from instituting, commencing, or prosecuting any Released Claims against any Released Parties. The Citigroup Defendants have sought assistance in enforcing the Judgment as against WorldCom-related claims asserted by certain plaintiff class members in arbitrations in which certain of the Citigroup Defendants and other Released Parties are named as respondents. An Order scheduling applications by the Citigroup Defendants for enforcement of the Judgment in March, April, and May 2005 was issued on March 14, 2005. In a letter of May 23, 2005, counsel for the Citigroup Defendants requested that a schedule be issued for June and July 2005. It is hereby
ORDERED that, with respect to those arbitrations commenced or prosecuted by plaintiff class members in which the Citigroup Defendants seek to enforce the Judgment, counsel for the Citigroup Defendants are directed to submit a brief letter identifying the claimant(s), the caption of the arbitration, and setting forth the Citigroup Defendants' bases for asserting that the Judgment should be enforced to enjoin claimant(s) from proceeding with some or all of the claims brought in arbitration.
IT IS FURTHER ORDERED that the Court, to the extent it deems appropriate, will issue an Order directing claimant(s) to show cause why the claimant(s) should not be enjoined from pursuing the contested arbitration claims against the Citigroup Defendants.
IT IS FURTHER ORDERED that claimant(s) will be directed to submit papers in opposition to such an injunction in accordance with the following schedule:
1. If the Order to Show Cause is issued on or before June 15, 2005, claimant(s) must submit opposition papers by July 1, 2005 (the "June Schedule").
2. If the Order to Show Cause is issued on or before July 13, 2005, claimant(s) must submit opposition papers by July 20, 2005 (the "July Schedule").
IT IS FURTHER ORDERED that, to the extent an Order to Show Cause requires opposition in accordance with the June Schedule, the Citigroup Defendants must submit reply papers by July 8, 2005; and to the extent an Order to Show Cause requires opposition in accordance with the July Schedule, the Citigroup Defendants must submit reply papers by July 26, 2005; or to such dates as set by the Court.
IT IS FURTHER ORDERED that, in the event the parties do not wish the issues to be decided on the papers submitted, either the claimant(s) or the Citigroup Defendants may request that this Court hear argument on those issues. Hearings will be held at the Moynihan Courthouse, 500 Pearl Street, New York, New York, on the following dates and times: to the extent the Order to Show Cause conforms to the June Schedule, on July 15, 2005 at 2:30 p.m.; to the extent the Order to Show Cause conforms to the July Schedule, on July 29, 2005 at 11 a.m.; or to such times as set by the Court.
IT IS FURTHER ORDERED that the Court will set additional schedules beyond the July Schedule if necessary.
IT IS FURTHER ORDERED that claimant(s) or the Citigroup Defendants may request that the Court consider the issues presented by a letter application on an expedited basis to the extent the requesting party demonstrates good cause.
SO ORDERED.