IN RE MERRILL LYNCH & CO., INC. RESEARCH REPORTS SECURITIES LITIGATION

Nos. 02 MDL 1484(MP), 02CV10221(MP).

305 F.Supp.2d 323 (2004)

In re MERRILL LYNCH & CO., INC. RESEARCH REPORTS SECURITIES LITIGATION In re: Merrill Lynch & Co., Inc. Focus Twenty Fund Securities Litigation

United States District Court, S.D. New York.

February 24, 2004.


Attorney(s) appearing for the Case

Wolf Haldenstein Adler Freeman & Herz, LLP (by Daniel W. Krasner, Jeffrey G. Smith, Robert B. Weintraub, and Stefanie A. Lindeman), New York, New York, for Plaintiffs.

Skadden, Arps, Slate, Meagher & Flom LLP (by Jay B. Kasner, Edward J. Yodowitz, Scott D. Musoff and Joanne Gaboriault), New York, New York, for Defendants Merrill Lynch, Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated.

Clifford Chance U.S. LLP (by James N. Benedict, Mark Holland, Mary K. Dulka, and Sanny B. Hua), New York, New York, for Defendants Fund Asset Management, L.P., Princeton Fund Distributors, Inc., FAM Distributors, Inc. and Princeton Services, Inc.


DECISION AND ORDER

MILTON POLLACK, Senior District Judge.

Plaintiffs claim that allegations in their Second Consolidated Amended Complaint, incorporating by reference 7 of the 309 complaints in the Initial Public Offering Securities Litigation, 21 MC 92(SAS) ("IPO Securities Litigation"), require me to disqualify myself under 28 U.S.C. § 455(a) because of my financial holdings in Citigroup...

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