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Louisiana Sheriffs' Pension and Relief Fund, et al. v. Merrill Lynch & Co.

MEMORANDUM OF LAW in Support re: 11 MOTION to Appoint State Teachers Retirement System of Ohio to serve as lead plaintiff

15 Cited authorities

  1. In re Cendant Corp. Litigation

    264 F.3d 201 (3d Cir. 2001)   Cited 722 times
    Holding that the PSLRA is clear that "the power to `select and retain' lead counsel belongs . . . to the lead plaintiff, and the court's role is confined to deciding whether to `approve' that choice" and that should the court disagree with the lead plaintiffs choice "it should clearly state why . . . and should direct the lead plaintiff to undertake an acceptable selection process"

  2. In re Drexel Burnham Lambert Group, Inc.

    960 F.2d 285 (2d Cir. 1992)   Cited 686 times   12 Legal Analyses
    Holding that Shutts did not require opt-out rights in a Rule 23(b)(B) class action because the plaintiffs had already submitted to the district court's jurisdiction by filing bankruptcy claims against the defendant

  3. Johnson v. Celotex Corp.

    899 F.2d 1281 (2d Cir. 1990)   Cited 559 times   1 Legal Analyses
    Finding that "courts have taken the view that considerations of judicial economy favor consolidation"

  4. Huber v. Casablanca Ind., Inc.

    506 U.S. 1088 (1993)   Cited 65 times

    No. 90-1092. January 25, 1993, October TERM, 1992. Dismissal Under Rule 46 C.A. 3d Cir. Certiorari dismissed under this Court's Rule 46. Reported below: 916 F. 2d 85.

  5. In re Oxford Health Plans, Inc. Securities Litigation

    182 F.R.D. 42 (S.D.N.Y. 1998)   Cited 168 times
    Finding that diversity among plaintiffs helps ensure that all class members' interests are represented

  6. Pirelli Armstrong Tire Corp. Retiree Medical Benefits Trust v. LaBranche & Co., Inc.

    229 F.R.D. 395 (S.D.N.Y. 2004)   Cited 141 times
    Holding that the "experience of a candidate" is "relevant to reaching a determination as to whether a candidate will be capable of adequately protecting the interests of the class"

  7. In re Olsten Corp. Securities Litg.

    3 F. Supp. 2d 286 (E.D.N.Y. 1998)   Cited 165 times
    Consolidating cases with different, but overlapping, class periods

  8. In re Waste Management, Inc. Securities Litigation

    128 F. Supp. 2d 401 (S.D. Tex. 2000)   Cited 37 times
    Holding that account manager may serve as lead plaintiff because it demonstrated that it functioned as a single investor

  9. In re Fannie Mae Securities Litigation

    355 F. Supp. 2d 261 (D.D.C. 2005)   Cited 19 times
    Discussing legislative history

  10. In re Symbol Techs., Inc. Sec. Litig.

    05-CV-3923 (DRH)(JO) (E.D.N.Y. Apr. 26, 2006)   Cited 9 times
    Granting unopposed lead plaintiff motion by movant with an estimated loss of $182,236

  11. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 50,129 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,573 times   1241 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  13. Rule 42 - Consolidation; Separate Trials

    Fed. R. Civ. P. 42   Cited 9,422 times   24 Legal Analyses
    Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

  14. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,592 times   52 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party