The opinion of the court was delivered by: DENISE COTE, District Judge
On April 15, 2005, a conference was held to address scheduling
issues in Individual Actions in the Securities Litigation. As
announced at that conference, it is hereby
ORDERED that, with the exception of the NYCERS action, No. 02
Civ. 8981 (DLC), the discovery schedule for Individual Actions in
which all motions to dismiss have been decided as of today's date
(certain Lerach Actions) shall be as follows:
The period for discovery of plaintiffs in these Individual
Actions shall begin on May 13, 2005. E-mail and document
production will conclude on June 10. Fact discovery, including
depositions, will conclude on December 16, 2005.
Expert reports conforming to Rule 26(a)(2)(B), Fed.R.Civ.P.,
are due on January 6, 2006 from those parties bearing the burden
of proof on any area in which they seek to introduce expert
testimony. Rebuttal reports conforming to Rule 26(a)(2)(B),
Fed.R.Civ.P., are due February 3. Revised reports are due February
24. Expert discovery will conclude on March 17, 2006.
On December 16, 2005, the parties shall notify the Court of the
extent to which they have agreed that the summary judgment Opinions issued in the Securities Litigation class action shall
be deemed to cover the summary judgment practice in the
Summary judgment motions are due March 17, 2006. Opposition is
due April 7. Replies are due April 14, 2006.
IT IS FURTHER ORDERED that discovery of plaintiffs in all
Individual Actions shall be confined to the scope and extent
outlined in the Orders of February 17, 2004 and March 10, 2004 in
the absence of express authorization from the Court.
IT IS FURTHER ORDERED that the trial date for the NYCERS action
shall be March 6, 2006. The pretrial order and motions in
limine are due December 16, 2005. Responses to motions in
limine are due January 13, 2006.
IT IS FURTHER ORDERED that the deadline for filing motions to
dismiss in actions recently transferred to this Court is stayed
until May 13, 2005. Liaison counsel for the defendants shall
propose a schedule on May 13, 2005 for motions to dismiss in
these actions. This set of motions will be considered a fourth
tranche of the motions to dismiss brought against Individual
Actions in the Securities Litigation. Discovery in these
actions is stayed pending decision of the fourth tranche of
IT IS FURTHER ORDERED that by May 27, 2005, liaison counsel
shall provide letters to the Court with suggestions regarding the
order in which the Court should address pending motions to
dismiss, for remand, and to amend. No additional discovery shall be taken by plaintiffs in any such Individual Action without
prior approval of the Court.
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