Opinion
Case Nos. 2:05-cv-0819, 2:05-cv-0848, 2:05-cv-0860, 2:05-cv-0879, 2:05-cv-0893, 2:05-cv-0913, 2:05-cv-0959, 2:05-cv-0964, 2:05-cv-0998, 2:05-cv-1084.
September 11, 2006
ORDER
This order pertains only to the shareholder derivative actions.
Counsel in these cases participated in a telephone conference with the Court to discuss whether all proceedings should be held in abeyance pending the Court's ruling on the motion to stay the case while the Abercrombie Fitch Special Litigation Committee considers whether to pursue the derivative claims.
After hearing argument, the Court concluded that it would potentially be wasteful of the Court's and the parties' resources to require defendants to file motions to dismiss (which is the defendants' intent) in response to the current complaint by September 8, 2006, or by some date shortly thereafter. The Court further concluded that it would not materially delay the resolution of the cases on their merits if such motions practice was deferred until after the Court makes its ruling on the motion to stay, which ruling should be made promptly after all briefs are filed. Therefore, the Court vacated the answer date and will establish a new date for responding to the complaint should the motion for stay be denied.