Opinion
Master File 02 Civ. 3288 (DLC), 04 Civ. 9943 (DLC).
February 14, 2005
Richard A. Sayles, Will S. Snyder, Stacy D. Simon, SAYLES WERBNER, P.C., Dallas, Texas, Counsel for Plaintiffs.
Joyce S. Huang (JH-6234), PAUL, WEISS, RIFKIND, WHARTON GARRISON LLP, New York, Peter K. Vigeland (PV-0161), WILMER, CUTLER, PICKERING, HALE AND DORR LLP, New York, Counsel for Defendants.
STIPULATION AND [PROPOSED] ORDER
WHEREAS defendants Citigroup Inc., Citigroup Global Markets Inc. (f/k/a Salomon Smith Barney Inc.) and Stacy Oelsen (collectively, "Defendants") by their undersigned counsel, appearing specially so as to reserve any and all defenses available, removed this action to the United States District Court for the Northern District of Texas pursuant to 28 U.S.C. §§ 1334, 1452 and 1446 on July 9, 2004; and
WHEREAS on August 9, 2004, plaintiffs Robert A. Nickell and Natalie Bert Nickell (together, "Plaintiffs") moved pursuant to 28 U.S.C. § 1447(c) to remand this action to County Court of Law No. 3, Dallas County, Texas, where it was originally filed; and
WHEREAS this action was transferred to the United States District Court for the Southern District of New York by the Judicial Panel on Multidistrict Litigation on December 6, 2004 pursuant to 28 U.S.C. § 1407; and
WHEREAS this action was referred to this Court for consolidated proceedings with In re WorldCom, Inc. Securities Litigation, 02 Civ. 3288 (DLC) on December 17, 2004; and
WHEREAS Plaintiffs, by their undersigned counsel, renewed their motion to remand this action to the County Court of Law No. 3, Dallas County, Texas, by responding on January 18, 2005 to the Court's June 11, 2003 Order to Show Cause Why Certain Remand Opinions Do Not Require Remand of This Action; and
WHEREAS Defendants' response to Plaintiffs' submission is due on February 11, 2005, by order of this Court dated January 27, 2005;
IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto through their undersigned counsel that this action shall be and hereby is remanded to the County Court of Law No. 3, Dallas County, Texas, where the action was originally filed.
SO ORDERED.