In re Unumprovident Corp. Securities Litigation

Full title: In re: UNUMPROVIDENT CORP. SECURITIES LITIGATION SILVIO AZZOLINI, on…

Court: United States District Court, E.D. Tennessee, at Chattanooga

Date published: Sep 12, 2005

Lead Case No. 1:03-CV-049, CLASS ACTION, MDL Case No. 1:03-MD-1552, Lead Case No. 1:03-CV-1003, CLASS ACTION, MDL Case No. 1:03-MD-1552, Case No. 1:03-CV-1005, CLASS ACTION, MDL Case No. 1:03-MD-1552 (E.D. Tenn. Sep. 12, 2005)

Opinion

Lead Case No. 1:03-CV-049, CLASS ACTION, MDL Case No. 1:03-MD-1552, Lead Case No. 1:03-CV-1003, CLASS ACTION, MDL Case No. 1:03-MD-1552, Case No. 1:03-CV-1005, CLASS ACTION, MDL Case No. 1:03-MD-1552.

September 12, 2005

ORDER

CURTIS COLLIER, District Judge

In accordance with the accompanying Memorandum, the Court hereby orders as follows:

1. In the case of In re UnumProvident Corp. Securities Litigation, No. 1:03-CV-49, the Court hereby:

A. DENIES Defendants' motion for oral argument (Court File No. 131);

B. DENIES IN PART Lead Plaintiff Glickenhaus Co.'s motion to strike (Court File No. 115) with respect to the press releases comprising Appendix B to Defendants' motion to dismiss;

C. GRANTS IN PART Lead Plaintiff Glickenhaus Co.'s motion to strike (Court File No. 115) with respect to the SEC Forms F-4 and F-5 comprising exhibits U, V, W, X, Y, Z, and AA to said motion;

D. GRANTS Lead Plaintiff Glickenhaus Co.'s motion for judicial notice (Court File No. 118);

E. GRANTS IN PART "The UnumProvident Defendants' Motion to Dismiss the Consolidated Amended Complaint" (Court File No. 107) and DISMISSES all claims asserted by Lead Plaintiff Glickenhaus Co. based upon alleged misrepresentations relating to Defendant UnumProvident Corp.'s investment disclosures, policies, and accounting practices;

F. DENIES IN PART "The UnumProvident Defendants' Motion to Dismiss the Consolidated Amended Complaint" (Court File No. 107) with respect to claims asserted by Lead Plaintiff Glickenhaus Co. based upon alleged misrepresentations relating to Defendant UnumProvident Corp.'s claims handling practices;

G. GRANTS IN PART the "Motion of Defendant Harold Chandler to Dismiss the Consolidated Amended Complaint" (Court File No. 108) and DISMISSES all claims asserted by Lead Plaintiff Glickenhaus Co. based upon alleged misrepresentations relating to Defendant UnumProvident Corp.'s investment disclosures, policies, and accounting practices;

H. DENIES IN PART the "Motion of Defendant Harold Chandler to Dismiss the Consolidated Amended Complaint" (Court File No. 108) with respect to claims asserted by Lead Plaintiff Glickenhaus Co. based upon alleged misrepresentations relating to Defendant UnumProvident Corp.'s claims handling practices; and

I. DENIES Lead Plaintiff Glickenhaus Co.'s request to amend its pleadings (Court File No. 117, p. 44 n. 27).

2. In the case of Azzolini v. CorTS Trust II for Provident Financial Trust I, et al., No. 1:03-CV-1003, the Court hereby:

A. GRANTS "The UnumProvident Defendants' Motion to Dismiss the Consolidated Amended Complaints" (Court File No. 13);

B. GRANTS the "Motion of Defendant J. Harold Chandler to Dismiss the Consolidated Amended Complaints" (Court File No. 14); and

C. DISMISSES the first and second claims for relief asserted by Plaintiff Silvio Azzolini in the "Consolidated Amended Class Action Complaint for Violations of Federal Securities Laws" (Court File No. 11).

3. In the case of Bernstein v. CorTS Trust for Provident Financing Trust I, et al., No. 1:03-CV-1005, the Court hereby:

A. GRANTS "The UnumProvident Defendants' Motion to Dismiss the Consolidated Amended Complaints" (Court File No. 23);

B. GRANTS the "Motion of Defendant J. Harold Chandler to Dismiss the Consolidated Amended Complaints" (Court File No. 25); and

C. DISMISSES Count IV and Count V of Plaintiff Harriet Bernstein's "Amended Class Action Complaint for Violations of Federal Securities Laws" (Court File No. 18).

SO ORDERED.