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Judge Cote

DEFENDANTS IN a securities litigation arising from the collapse of WorldCom Inc. moved pursuant to the All Writs Act for a writ to require a trial in a related Alabama state court action to be rescheduled from October 2004 to no earlier than 60 days following the completion of the class action trial, which is scheduled to begin in the instant court in January 2005. The instant court issued the writ, finding that an October date in the Alabama action would inevitably delay the beginning of the class action trial far beyond January 2005. The court noted that the energies of the defendants in the instant action who are also defendants in the Alabama action would be diverted by the need to prepare for and participate in the Alabama action’s October trial. The court added that the attorneys who have been committed to the development of the issues and evidence through the litigation of the instant action would have no choice but to shift their time and efforts to the Alabama action.

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