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IN RE PROGRESS ENERGY, INC.

No. 04 Civ. 0636(JES).

371 F.Supp.2d 548 (2005)

In re PROGRESS ENERGY, INC. SECURITIES LITIGATION This Order Relates To: All Actions

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

May 19, 2005.

Attorney(s) appearing for the Case

Goodkind Labaton Rudoff & Sucharow LLP, Asset Management, LLC (Edward Labaton, Sheldon Rudoff, Ira A. Schochet, Zachary M. Ratzman, Jon Adams, of counsel), New York City, for Lead Plaintiff and Gerber.

Squitieri & Fearon, LLP (Lee Squitieri, Daniel R. Lapinski, of counsel), New York City, for Plaintiffs Stanley Fried, Raymond X. Talamantes, and Jacquelin S. Talamantes.

Law Offices of Charles J. Piven (Charles J. Piven, of Counsel), Baltimore, MD, for Plaintiffs Stanley Fried, Raymond X. Talamantes, and Jacquelin S. Talamantes.

Hunton & Williams LLP, New York City (Joseph J. Saltarelli, Terence J. Rasmussen, of Counsel), for Defendants.

Hunton & Williams LLP (Edward J. Fuhr, of Counsel), Richmond, VA, for Defendants.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Plaintiffs, members of a putative class of individuals who either received Contingent Value Obligations in connection with Florida Progress Corporation's ("Florida Progress") acquisition by Progress Energy, Inc. ("Progress" or "defendant"), or purchased such obligations on the public market between November 30, 2000 and February 13, 2002 ("class period"), bring this action to recover for securities fraud...

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