Opinion
02 Civ. 7377 (LAK)
October 29, 2002
ORDER
The plaintiffs' motion for an order provisionally consolidating this action with the consolidated action, In re NTL Securities Litigation, No. 02 Civ. 3013 (LAK), has been resolved by a stipulated so ordered on October 28, 2002. The parties nevertheless have been unable to agree on a schedule for responding to the complaint and related matters and, by the same stipulation, submitted the issues to the Court for resolution. Having considered the submissions, it is hereby ORDERED, as follows:
1. The time of defendants to answer, move or otherwise respond to the complaint in No. 02 Civ. 3077 shall expire at the same time that the corresponding period expires in the class actions which are part of the consolidated actions. Accordingly, any motion to dismiss the complaint in No. 02 Civ. 3077 shall be made at the same time as any such motion in the class actions.
2. To the extent that motions to dismiss the complaint in No. 02 Civ. 3077 and the class action complaint raise common issues, plaintiffs in all actions shall endeavor to submit a single opposing memorandum. If they succeed in doing so, the opposing memorandum on behalf of plaintiffs in No. 02 Civ. 3077 shall address only issues unique to that action. To the extent, if any, that plaintiffs are unable to agree on a common response on common issues, they may address those issues separately. The Court, however, discourages repetitious or cumulative briefing and urges the parties to avoid separate submissions necessitated principally by stylistic and other non-substantive differences.