Opinion
MDL-1446, CIVIL ACTION NO. H-01-3624 CONSOLIDATED CASES
March 17, 2003
ORDER OF CLARIFICATION AND MODIFICATION
Pending before the Court in the above referenced cause is Credit Suisse First Boston Corporation and the Regents of the University of California's joint request for clarification of the Court's Memorandum and Order Re Secondary Actors' Motions to Dismiss (instrument #1272) regarding whether the consolidated complaint asserts a claim under § 11 of the Securities Act of 1933, 15 U.S.C. § 77k, against Credit Suisse First Boston Corporation.
Movants agree, and after reviewing the matter the Court concurs, that the consolidated complaint at ¶ 1005 through 1006 (pp. 490-91), listing the defendants against which or whom a claim under § 11 is asserted, does not mention Credit Suisse First Boston Corporation. Furthermore, no opposition from other parties has been filed to the joint request.
Accordingly, finding the motion to be well taken, the Court
ORDERS that the request for clarification is GRANTED and that the Court's Memorandum and Order Re secondary Actors' Motions to Dismiss (#1194) is hereby MODIFIED to delete any reference(s) to and/or finding of a § 11 claim against Credit Suisse First Boston Corporation.