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IN RE TRI-STATE CREMATORY LITIGATION.

ORDER

HAROLD MURPHY, District Judge

This diversity jurisdiction class action is before the Court on the Court's own Motion.

On July 3, 2003, the Court held a telephone conference with Lead and Liaison Counsel for Plaintiffs, Lead and Liaison Counsel for Funeral Home Defendants, Lead Counsel for the Marsh Family Defendants, and Counsel for Defendant Buckner-Bush Enterprises, Inc. The Court heard argument of counsel. This Order memorializes the rulings that the Court made at the teleconference.

1. Scope of Funeral Home Defendants' Lead and Liaison Counsel's participation at settlement discussions: the Court orders that Lead or Liaison Counsel for the Funeral Home Defendants shall be present at any settlement discussions involving any Funeral Home Defendant in this case. The Court notes that Funeral Home Defendants' Lead or Liaison Counsel's presence at settlement discussions does not imply participation in settlement discussions.
2. Dissemination of Settlement Discussion Information by Funeral Home Defendants' Lead or Liaison, Counsel: Lead or Liaison Counsel for Funeral Home Defendants may notify Counsel for other Funeral Home Defendants that settlement discussions are taking place between Plaintiffs' Counsel and Counsel for a particular Funeral Home Defendant, may provide the name of that Particular Funeral Home Defendant, and may share their impressions of the likelihood of settlement. Lead or Liaison Counsel for Funeral Home Defendants may not, however, share details or particulars of the settlement discussions with Counsel for other Funeral Home Defendants.

IT IS SO ORDERED.

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IN RE TRI-STATE CREMATORY LITIGATION
(Jul 7, 2003)