Willis et al v. Morgan Keegan & Company, Inc. et al

Filing 158

ORDER DENYING PLAINTIFF C. FRED DANIELS' MOTION TO SEVER AND ESTABLISHING DEADLINE FOR MOTIONS TO SERVE AS LEAD PLAINTIFF 139 . Signed by Judge Samuel H. Mays, Jr., on June 2, 2010. (Mays, Samuel)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION IN RE: REGIONS MORGAN KEEGAN SECURITIES, DERIVATIVE, AND ERISA LITIGATION ELIZABETH P. WILLIS, et al., Plaintiffs, v. MORGAN KEEGAN & CO., INC., et al. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case Nos. 07-02830 MDL 2009

ORDER DENYING PLAINTIFF C. FRED DANIELS' MOTION TO SEVER AND ESTABLISHING DEADLINE FOR MOTIONS TO SERVE AS LEAD PLAINTIFF

Before the Court is the February 17, 2010, Motion to Sever filed by Plaintiff C. Fred Daniels, trustee ad litem for a

series of trusts managed by Defendant Regions Bank. No. 139.)

(See Dkt.

Defendants filed a collective response in opposition

on March 4, 2010, to which Daniels replied on March 18, 2010. (See Dkt. Nos. this 140, Court's 148.) August Plaintiff's 26, 2009 Motion seeks to

relitigate

Order

consolidating

Plaintiff's litigation into the already-existing In re Regions Morgan Keegan Closed-End Fund Litigation case. See Daniels v.

Morgan Keegan & Co., Nos. 08-2452, 08-2454, 08-2455, 08-2456, 2009 U.S. Dist. LEXIS 76152, at *6 (W.D. Tenn. Aug. 26, 2009).

Because Plaintiff's Motion provides no reason for the Court to reconsider its prior Order, the Motion to Sever is DENIED. Plaintiff's Motion alternatively requests that the Court designate him as lead plaintiff for the consolidated Closed-End Fund Litigation. (Plaintiff's Motion to Sever Trustee Ad

Litem's Class Actions or Appoint Lead Counsel ¶ 9.)

Two other

plaintiffs' groups have responded in opposition, each arguing that the Court should appoint it as lead plaintiff instead. (See Dkt. Nos. 151, 156.) lead counsel should be A lead plaintiff and corresponding appointed. Therefore, all parties

interested in serving as lead plaintiff for the Closed-End Fund Litigation have until July 2, 2010, to file motions requesting appointment. Those parties who have already moved to serve as Any responses to

lead plaintiff need not refile their Motions.

motions shall be filed no later than July 16, 2010, and any replies must be filed no later than July 30, 2010. Thereafter,

the Court will appoint a lead plaintiff and lead counsel. So ordered this 2d day of June, 2010.

s/ Samuel H. Mays, Jr. SAMUEL H. MAYS, JR. UNITED STATES DISTRICT JUDGE

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