ORDER....that 08-10922, 09-2001, 09-2688, and 09-4407 are consolidated for all purposes. The caption of these consolidated actions shall be "In re J. Ezra Merkin and Gabriel Capital Corp. Litigation and the files of these consolidated actions shall be maintained under Master Docket 08-10922(DAB). On 4/6/09, the Court appointed Abbey Spanier Rodd and Abrams LLP as lead plaintiffs in "In re J. Ezra Merkin and BDO Sideman Securities Litigation." With this consolidation, those appointments, for good cause, could be modified. All Counsel and Plaintiffs wishing to seek or oppose such modifications SHALL SUBMIT motions for the appointment of lead plaintiff and lead counsel for this consolidated action no later than 30 days from the date of this ORDER. Defendants SHALL NOT be required to Answer any Complaint in the above-named consolidated action until lead plaintiff and lead counsel motions have been decided and Amended or Second Amended Complaints have been filed,if any. In the context of these motions, the Court will entertain arguments from Counsel that separate lead plaintiff and lead counsel are required to properly represent the interests of the class. (Signed by Judge Deborah A. Batts on 6/25/09) Filed In Associated Cases: 1:08-cv-10922-DAB, 1:09-cv-02001-DAB, 1:09-cv-02688-DAB, 1:09-cv-04407-DAB(cd)

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