Opinion
MASTER FILE 02 Civ. 3288 (DLC) This Document Relates to ALL ACTIONS
March 3, 2003
ORDER
Having today issued an Opinion denying the motion made by NYCERS to remand its action to state court, and having determined that the actions removed from state court that are currently pending before this Court are non-core proceedings that should be consolidated with the In re WorldCom Securities Litigation for pretrial purposes in order "to ensure the just, speedy, and inexpensive determination of every action," Rule 1, Fed.R.Civ.P.; see also In re Orion Pictures Corp., 4 F.3d 1095, 1101 (2d Cir. 1993), it is hereby ORDERED that, pursuant to 28 U.S.C. § 157(d), the reference to bankruptcy court is withdrawn with respect to NYCERS's action and any similar action removed from state court and assigned to this Court.
IT IS FURTHER ORDERED that any party opposing the withdrawal of the reference effected by this Order shall submit a motion in opposition to the withdrawal by March 28. Papers in opposition to any such March 28 submission are due April 11, any reply is due April 18.
IT IS FURTHER ORDERED that any plaintiff, other than the plaintiffs in the NYCERS action, who has made a timely motion to remand shall show cause by March 21 why the Opinion issued today on NYCERS's remand motion does not require the denial of their motion to remand, or shall be deemed to have withdrawn their motion to remand. Papers in opposition to any such March 21 submissions are due April 4, any reply is due April 11.
IT IS FURTHER ORDERED that by March 21, co-counsel for the lead plaintiff in the Securities Litigation and counsel for plaintiffs in the Individual Actions shall present a proposed order for consolidation of the class action and Individual Actions for pre-trial purposes.
SO ORDERED