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CONSOLIDATION ORDER, this action is consolidated for all purposes purs. to Rule 41(a) of the FRCP. In re Vivendi Universal, S.A. Securities Litig. 02 Civ. 5571 is designated the lead case in this consolidated action. Purs. to Rule 42(a), the Clerk of the Court is directed to remove from my docket as a separate case GAMCO Investors, Inc. v. Vivendi Universal, S.A. 03 Civ. 5911. ( signed by Judge Harold Baer Jr. ); (sac) (Entered: 09/05/2003)

MEMORANDUM OF LAW in Support re:

13 Cited authorities

  1. Wal-Mart Stores, Inc. v. Visa U.S.A. Inc.

    280 F.3d 124 (2d Cir. 2001)   Cited 674 times   7 Legal Analyses
    Holding that refusal to certify a class "on the sole ground that it would be unmanageable is disfavored and ‘should be the exception rather than the rule’ " (quoting In re S. Cent. States Bakery Prods. Antitrust Litig. , 86 F.R.D. 407, 423 (M.D. La. 1980) )

  2. Robinson v. Metro-North Commuter R.R. Co.

    267 F.3d 147 (2d Cir. 2001)   Cited 664 times   3 Legal Analyses
    Holding compensatory or punitive damages sometimes permissible under Rule 23(b)

  3. In re Bendectin Litigation

    857 F.2d 290 (6th Cir. 1988)   Cited 418 times
    Holding that trial court “carefully made the necessary inquiry” into Rule 42(b) when making trifurcation decision in diversity case

  4. Katsaros v. Cody

    744 F.2d 270 (2d Cir. 1984)   Cited 318 times
    Holding that ERISA trustees' approval of a loan — where no trustee had sufficient training to express an opinion on the soundness of the loan and where there was ample information available to trustees that showed loan recipient had no ability to repay it, in circumstances where trustees had been previously enjoined from making suspect loans — justified removal

  5. Houseman v. U.S. Aviation Underwriters

    171 F.3d 1117 (7th Cir. 1999)   Cited 117 times   1 Legal Analyses
    In Houseman v. United States Aviation Underwriters, 171 F.3d 1117 (7th Cir. 1999), the plaintiff was injured when the plane, in which he was a passenger crashed.

  6. The Cayuga Indian Nation of New York v. Pataki

    188 F. Supp. 2d 223 (N.D.N.Y. 2002)   Cited 52 times
    Explaining that Rule 62 is designed "to protect an appellee's rights and ability to collect the judgment and it guarantees an appellee the costs of delay incident to the appeal"

  7. In re Master Key Antitrust Litigation

    528 F.2d 5 (2d Cir. 1975)   Cited 107 times
    Holding grant of motion to bifurcate not final order

  8. Simon v. Philip Morris Incorporated

    200 F.R.D. 21 (E.D.N.Y. 2001)   Cited 40 times
    Discussing power of district court to grant partial certification or to bifurcate issues and collecting cases

  9. Knapp v. Ernst Whinney

    90 F.3d 1431 (9th Cir. 1996)   Cited 34 times
    Holding that "the district court also properly considered whether prejudgment interest would amount to a windfall recovery"

  10. Bresson v. Thomson McKinnon Securities Inc.

    118 F.R.D. 339 (S.D.N.Y. 1988)   Cited 24 times
    Finding that common issues of law do not predominate in a claim for common law negligence

  11. Rule 42 - Consolidation; Separate Trials

    Fed. R. Civ. P. 42   Cited 9,234 times   24 Legal Analyses
    Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

  12. Rule 53 - Masters

    Fed. R. Civ. P. 53   Cited 2,642 times   17 Legal Analyses
    Giving court-appointed masters the power to "regulate all proceedings" before them