Opinion
Master File Nos. 02 CIV. 3288 (DLC), 03 Civ. 1052 (DLC).
May 10, 2005
ABBEY GARDY, LLP, Arthur N. Abbey, Jill S. Abrams, Richard B. Margolies, New York, New York, Counsel for Plaintiffs.
FISH RICHARDSON P.C., Geoffrey S. Harper, Beth G. Jaynes, Kelly R. Vickers, Autumn J.S. Hwang, Dallas, Texas, Counsel for Francesco Galesi.
SHARP ASSOCIATES, William F. Boyer, Washington, DC, Counsel for Max Bobbitt.
WILLIAMS CONNOLLY LLP, Michael S. Sundermeyer, Christopher N. Manning, Washington, DC, Counsel for Judith Areen.
PAUL, HASTINGS, JANOFSKY WALKER LLP, James D. Wareham, Richard Schoenstein, Deborah Salzberg, Washington, DC, Counsel for James C. Allen.
CURTIS, MALLET-PREVOST, COLT MOSLE LLP, Eliot Lauer, Michael Moscato, Cynthia Ebbs, Elizabeth Miller, New York, New York, Counsel for Arthur Andersen LLP.
STIPULATION AND [PROPOSED] ORDER
WHEREAS, on August 30, 2004, Plaintiffs moved for Class Certification; and
WHEREAS, on September 8, 2004 Plaintiffs agreed to withdraw their motion for class certification, without prejudice, pending the making of defendants' motions to dismiss; and
WHEREAS, the Court therefore denied Plaintiff's motion for class certification on October 26, 2004, without prejudice to its re-institution following the making of any motions to dismiss; and
WHEREAS, the time has passed for the making of such motions;
IT IS HEREBY STIPULATED AND AGREED that:
Plaintiffs' class certification motion is deemed re-instituted.
Defendants' response to the class certification motion will be due June 27, 2005 after it is re-instituted;
Plaintiffs' reply brief will be due on July 27, 2005;
Documentary and email discovery will conclude on September 10, 2005;
Fact discovery, including depositions, will conclude on December 16, 2005;
Expert reports conforming to Fed.R.Civ.P. 26(a)(2)(B) from those parties bearing the burden of proof on any area in which they seek to introduce expert testimony are due on January 6, 2006;
Rebuttal expert reports conforming to Fed.R.Civ.P. 26(a)(2)(B) are due on February 3, 2006;
Revised expert reports are due on February 24, 2006; and
Expert discovery will conclude on March 17, 2006;
The parties shall notify the Court of the extent to which they have agreed that the summary judgment Opinions issued in the Securities Litigation class action shall be deemed to cover the summary judgment practice in the Individual Actions on December 16, 2005;
Summary judgment motions are due on March 17, 2006;
Oppositions to summary judgment motions are due on April 7, 2006;
Replies to summary judgment motions are due on April 14, 2006.
SO ORDERED.