Opinion
MDL 1446; Civil Action No. H-01-3624 CONSOLIDATED CASES; CIVIL ACTION NO. H-02-4080
November 12, 2003
ORDER
Pending before the Court is Plaintiffs' objection to and request for clarification of consolidation order (#1162 in H-01-3624).
Instrument #1154.
Although it appears to the Court that most of Plaintiffs' questions and complaints are moot in light of rulings in Newby, the Court grants Plaintiffs' request and addresses the substance of their concerns. The consolidation of H-02-4080 with H-01-3624 was for the purposes of coordinating overlapping discovery and for resolution of pre-trial motions addressing common issues of fact and law. Now that the motions to dismiss in Newby have been resolved and the stay on discovery lifted, Plaintiffs in H-02-4080 may pursue their individual case as pleaded unless they choose to proceed under Lead Plaintiff's class action complaint; they must, however, comply with the docket control pleading deadlines and discovery schedule established in Newby.