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In re WorldCom, Inc. Securities Litigation

Citations: 237 F.R.D. 541; 2006 U.S. Dist. LEXIS 65631; 2006 WL 2642159Docket: No. 02 Civ. 3288(DLC)

Court: District Court, S.D. New York; September 15, 2006; Federal District Court

Narrative Opinion Summary

In this judicial opinion, GSC Partners sought to revoke its previous opt-out from a class action against WorldCom defendants, which the court denied as untimely. The litigation stemmed from WorldCom's financial restatement announcement in 2002, leading to numerous class actions. A significant settlement with Citigroup defendants in May 2004 reset the opt-out deadline to September 1, 2004, and GSC did not revoke its opt-out by this deadline. Subsequently, GSC attempted to rejoin the class in March 2005, after observing substantial settlements, but the court denied this request. The court underscored the necessity of adhering to litigation schedules and deadlines, dismissing GSC's claims of business reasons for its delay. GSC failed to demonstrate excusable neglect, and the court found no grounds to extend the revocation opportunity. The decision highlighted the importance of deadline enforcement for judicial efficiency and fairness, particularly in complex securities litigation involving numerous opt-outs. The court's ruling maintained a clear precedent for handling late opt-out revocations in class action settlements.

Legal Issues Addressed

Class Action Opt-Out and Revocation Deadlines

Application: The court enforced the September 1, 2004 deadline for class members to revoke their opt-out status, denying GSC's late attempt to rejoin the class.

Reasoning: The opportunity to revoke exclusions officially closed on September 1, 2004, and only those who acted before February 19, 2005, could rejoin the class.

Court's Discretion in Enforcing Deadlines

Application: The court emphasized the importance of maintaining a clear litigation schedule and denied GSC's request as it failed to provide a valid reason for its delay.

Reasoning: The request was denied, emphasizing the need for a clear litigation schedule to promote efficiency and respect for the judicial process.

Excusable Neglect Standard

Application: GSC's failure to claim excusable neglect for its delayed revocation request contributed to the court's denial.

Reasoning: GSC did not claim excusable neglect for this delay, attributing its change of heart to unspecified 'business reasons' and the Lead Plaintiff's settlements.

Impact of Individual Actions on Class Actions

Application: Significant settlements and the potential for reduced settlement figures based on opt-out data influenced the court's handling of the case.

Reasoning: Following a settlement in May 2004, the parties were uncertain about the number of opt-outs, leading to a negotiated settlement figure that could be reduced based on opt-out data.