IN RE TYCO INTERN., LTD.

Nos. MDL 02-1335-PB, 03-1336-PB, 03-1338-PB, 03-1344-PB, 03-1345-PB, 03-1346-PB, 03-1347-PB, 03-1349-PB.

322 F.Supp.2d 116 (2004)

In re TYCO INTERNATIONAL, LTD. Multidistrict Litigation (MDL 1335)

United States District Court, D. New Hampshire.

June 21, 2004.


Attorney(s) appearing for the Case

William Chapman, Orr & Reno, Concord, NH, for Securities Action.

Kenneth Bouchard, Bouchard & Kleinman PA, Hampton, NH, for ERISA Action.

Frederick Upshall, Upshall Cooper & Temple PA, Concord, NH, for Derivative Action.

Edward Haffer, Sheehan Phinney Bass & Green, Manchester, NH, for Tyco Internation.

Richard McNamara, Wiggin & Nourie PA, Manchester, NH, for L. Dennis Kozlowski.

William Hassler, Steptoe & Johnson LLP, Washington, DC, for Mark Belnick.

Jody L. King, Michael Grudberg, Stillman & Friedman PC, New York, NY, for Mark Swartz.

Arnold Rosenblatt, Cook Little Rosenblatt & Manson, PLLC, Manchester, NH, for PricewaterhouseCoopers.

James Townsend, Townsend Law Office, Londonderry, NH, for PricewaterhouseCoopers-Bermuda.

Alan Friedman, Kramer Levin Naftalis & Frankel, LLP, New York, NY, for Josehua Berman.

Miranda Schiller, Weil Gotshal & Manges, LLP, New York, NY, for Richard Bodman & Wendy Lane.

Gregory A. Markel, Cadwalader Wickersham & Taft, LLP, New York, NY, for Michael Ashcroft, John Fort, James Pasman & Joseph Welch.

Laurie Smilan, Latham & Watkins, Reston, VA, for Stephen Foss.

JaneAnne Murray, O'Melveny & Meyers LLP, New York, NY, for W. Peter Slusser.

Michelle Pahlmer, Lawrence Greenwald, Stroock Stroock & Lavan LLP, New York, NY, for Frank E. Walsh.

Ann Galvani, David Shapiro, Boise, Schiller & Flexner, LLP, Oakland, CA, for TYCO-Plaintiff.

Marshall R. King, Mitchell Karlan, Gibson Dunn & Crutcher, LLP, New York, NY, for TYCO Plaintiff.

Michael Beck, Judicial Panel on Multidistrict Litigation, Washington, DC, for Court Orders Only.


MEMORANDUM AND ORDER

BARBADORO, Chief Judge.

The plaintiffs in seven of the 47 cases that have been consolidated for pretrial proceedings in this multidistrict litigation matter have moved to remand their cases to the state courts in which they were originally filed. The cases are based exclusively on the Securities Act of 1933 ("the Securities Act"), 15 U.S.C. § 77a-77aa, which until 1998 did not permit the removal of any case that was deemed...

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