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IRON WORKERS LOCAL NO. 25 v. CREDIT-BASED ASSET

Nos. 08 Civ. 10841 (JSR), 09 Civ. 1392 (JSR).

616 F.Supp.2d 461 (2009)

IRON WORKERS LOCAL NO. 25 PENSION FUND, Individually and On Behalf of All Others Situated Similarly, Plaintiff, v. CREDIT-BASED ASSET SERVICING AND SECURITIZATION, LLC, et al., Defendants. Public Employees' Retirement System of Mississippi, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. Merrill Lynch & Co. Inc., et al., Defendants.

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

May 26, 2009.

Attorney(s) appearing for the Case

David R. Stickney, David A. Thorpe, Timothy Alan DeLange, Bernsteh Litowitz Berger & Grossmann LLP, San Diego, CA, Gerald Harlan Silk, Bernstein Litowitz Berger & Grossmann LLP, New York, NY, for Plaintiff Public Employees' Retirement System of Mississippi.

Samuel Howard Rudman, Carolina Cecilia Torres, David Avi Rosenfeld, Mario Alba, Jr., Coughlin Stoia Geller Rudman & Robbins, LLP, Melville, NY, for Plaintiff Iron Workers Local No. 25 Pension Fund.

Carla R. Walworth, William Albert Novomisle, Paul, Hastings, Janofsky & Walker LLP, Jay B. Kasner, Christopher P. Malloy, Scott D. Musoff, Skadden, Arps, Slate, Meagher & Flom LLP, Mitchell A. Lowenthal, Geary Gottlieb Steen & Hamilton, LLP, Steven Cooper, Kristina Marie Mentone, Reed Smith, New York, NY, James E. Anklam, James D. Wareham, Paul, Hastings, Janofsky & Walker LLP, Washington, DC, for Defendants.

OPINION

JED S. RAKOFF, District Judge.

By motions filed earlier this year, the two respective plaintiffs in these consolidated class actions each sought to be appointed "lead plaintiff," a position that carries with it enhanced responsibility for the conduct of the litigation and—dare one mention it—increased legal fees for the law firm representing whichever plaintiff is chosen to lead. The choice presented a classic dilemma, in the...

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