Opinion
MDL No. 02-1335-PB Securities Action, Civil No. 04-1338-PB.
January 20, 2006
NOTICE OF RULING
Re: Motions for Reconsideration of Court Remand Order (Doc. Nos. 402 and 403) Ruling: The parties agree that the issues raised by the motions for reconsideration (doc. nos 402 and 403) will be resolved by the Supreme Court's decision in Merrill, Lynch, Pierce, Fenner Smith, Inc. v. Dabit. There is no reason why the motions should remain pending until the Supreme Court issues its decision. Accordingly, the motions are terminated without prejudice. The remand order is vacated without prejudice and the cases that were subject to the remand order are stayed. I will decide whether the cases should be remanded after the Dabit decision issues.