Opinion
Master File No. 02 Civ. 3288 (DLC).
August 23, 2005
BAR ORDER AND ORDER OF DISMISSAL WITH PREJUDICE
WHEREAS, the Court has been informed that the plaintiffs in the above-captioned action (the "Action"), the Public Employees' Retirement System of Ohio, State Teachers' Retirement System of Ohio, School Employees' Retirement System of Ohio, Ohio Police and Fire Pension Fund, Ohio State Highway Patrol Retirement System, Ohio Bureau of Workers' Compensation, and Cincinnati Retirement System (collectively, the "Ohio Retirement Systems"), and defendants J.P. Morgan Chase Co., J.P. Morgan Securities Inc., Chase Securities, Inc. (n/k/a J.P. Morgan Securities Inc.), J.P. Morgan Securities Ltd., Bank of America Corp., Banc of America Securities LLC, Bank of America Securities Limited, Deutsche Bank AG, Deutsche Bank Securities, Inc. (f/k/a Deutsche Bank Alex. Brown Inc.), Deutsche Bank AG London, ABN AMRO Incorporated, Tokyo-Mitsubishi International, plc (n/k/a Mitsubishi Securities International plc) (which was inadvertently listed in the complaint as Tokyo-Mitsubishi International London plc), Westdeutsche Landesbank Girozentrale (n/k/a WestLB AG), BNP Paribas Securities Corp., BNP Paribas, Fleet Securities Inc., Banca Caboto S.p.A. (f/k/a Caboto Holding SIM S.p.A. (f/k/a Caboto Gruppo IntesaBci)), Mizuho International plc, Utendahl Capital Partners, L.P., Lehman Brothers, Inc., Blaylock Partners, L.P., Credit Suisse First Boston LLC (f/k/a Credit Suisse First Boston Corp.), Goldman, Sachs Co., UBS Securities LLC (f/k/a UBS Warburg LLC), Robertson Stephens International Limited (f/k/a BancBoston Robertson Stephens International), Citigroup Inc., Citigroup Global Markets Inc. (f/k/a Salomon Smith Barney Inc.), Citigroup Global Markets Ltd. (f/k/a Salomon Brothers International Ltd.), and Jack B. Grubman (collectively, the "Settling Defendants") (together with the Ohio Retirement Systems, the "Settling Parties") have reached a mutually agreeable settlement of this action and have entered into a joint Stipulation of Dismissal With Prejudice;
WHEREAS, for good cause shown, and upon due consideration of the joint Stipulation of Dismissal With Prejudice and the Settling Parties' Motion for Entry of Bar Order and Order of Dismissal With Prejudice;
IT IS ORDERED that Bernard J. Ebbers; John W. Sidgmore; Scott D. Sullivan; Buford Yates; David F. Myers; Clifford L. Alexander, Jr.; James C. Allen; Judith Areen; Carl J. Aycock; Max E. Bobbitt; Steven M. Case; Francesco Galesi; Stiles A. Kellett, Jr.; Gordon S. Macklin; John A. Porter; Timothy F. Price; Bert C. Roberts, Jr.; Gerald H. Taylor; Lawrence C. Tucker; Juan Villalonga; Andersen Worldwide S.C.; and Arthur Andersen LLP (each individually, a "Non-Settling Entity/Individual"; collectively, the "Non-Settling Entities/Individuals"), and any other person or entity later named as a defendant in the Action, are hereby permanently BARRED, ENJOINED and RESTRAINED from commencing, prosecuting, or asserting any claim for indemnity or contribution, however styled, against any of the Settling Defendants and any of their affiliated persons and entities (each individually, a "Settling Releasee"; collectively, the "Settling Releasees") (or any other claim against the Settling Releasees where the injury to the Non-Settling Entity/Individual or any other person or entity later named as a defendant in this action is the actual or threatened liability of the Non-Settling Entity/Individual or any other person or entity later named as a defendant in the Action to the Ohio Retirement Systems), with respect to, relating to or arising from the claims, liabilities and injuries alleged or the claims, liabilities or injuries relating to WorldCom securities that could have been alleged by the Ohio Retirement Systems in the Amended Complaint dated July 11, 2003 (including but not limited to claims relating to MCI, Intermedia, Digex and claims arising from any WorldCom-related non-registered securities), whether arising under state, federal, or foreign law as claims, cross-claims, counterclaims, or third-party claims, whether asserted in the Amended Complaint, in this Court, in any federal or state court, or in any other court, arbitration proceeding, administrative agency, or other forum in the United States or elsewhere by the Ohio Retirement Systems;
IT IS FURTHER ORDERED that the Settling Releasees are hereby permanently BARRED, ENJOINED AND RESTRAINED from commencing, prosecuting, or asserting any claim for indemnity or contribution, however styled, against the Non-Settling Entities/Individuals (or any other claim against the Non-Settling Entities/Individuals where the injury to the Settling Releasee is the Settling Releasee's actual or threatened liability to the Ohio Retirement Systems), with respect to, relating to or arising from the claims, liabilities and injuries alleged or the claims, liabilities or injuries relating to WorldCom securities that could have been alleged by the Ohio Retirement Systems in the Amended Complaint dated July 11, 2003 (including but not limited to claims relating to MCI, Intermedia, Digex and claims arising from any WorldCom-related non-registered securities), whether arising under state, federal, or foreign law as claims, cross-claims, counterclaims, or third-party claims, whether asserted in the Amended Complaint, in this Court, in any federal or state court, or in any other court, arbitration proceeding, administrative agency, or other forum in the United States or elsewhere by the Ohio Retirement Systems;
IT IS FURTHER ORDERED that each Settling Releasee is hereby permanently BARRED, ENJOINED AND RESTRAINED from commencing, prosecuting, or asserting any claim for indemnity or contribution, however styled, against any other Settling Releasee (or any other claim against them where the injury to the Settling Releasee asserting the claim is its actual or threatened liability to the Ohio Retirement Systems), with respect to, relating to or arising from the claims, liabilities and injuries alleged or the claims, liabilities or injuries relating to WorldCom securities that could have been alleged by the Ohio Retirement Systems in the Amended Complaint dated July 11, 2003 (including but not limited to claims relating to MCI, Intermedia, Digex and claims arising from any WorldCom-related non-registered securities), whether arising under state, federal, or foreign law as claims, cross-claims, counterclaims, or third-party claims, whether asserted in the Amended Complaint, in this Court, in any federal or state court, or in any other court, arbitration proceeding, administrative agency, or other forum in the United States or elsewhere by the Ohio Retirement Systems;
IT IS FURTHER ORDERED that the Non-Settling Entities/Individuals shall receive a judgment credit in an amount that is the greater of the amounts allocated to claims for which a Non-Settling Entity/Individual may be found liable for common damages as reflected on the attached confidential schedule, or, for each such claim, state or federal, on which contribution or indemnity is available, the proportionate share of the Settling Defendants' fault as proven at trial;
IT IS FURTHER ORDERED that the attached confidential schedule shall be filed under seal by the Clerk of the Court;
IT IS FURTHER ORDERED that the Amended Complaint dated July 11, 2003 is hereby dismissed with prejudice and without costs as against the Settling Defendants only;
IT IS FURTHER ORDERED that this Court finds there is not just reason for delay and directs that final judgment be entered pursuant to Federal Rule of Civil Procedure 54(b).