Retirement Systems Of Alabama v. J.P. Morgan Chase & Co.

386 F.3d 419
Court of Appeals for the Second Circuit·Decided October 18, 2004·No. 419·Published·Cited by 32 cases

Opinion

386 F.3d 419

RETIREMENT SYSTEMS OF ALABAMA and the Circuit Court for Montgomery County, Alabama, Respondents-Appellants,
v.
J.P. MORGAN CHASE & CO., J.P. Morgan Securities Inc., Bank of America Corp., Banc of America Securities LLC, Citigroup Inc., Citigroup Global Markets Inc., (f/k/a/ Salomon Smith Barney Inc.) and Arthur Andersen LLP, Applicants-Appellees.
Docket No. 04-2275-CV.

United States Court of Appeals, Second Circuit.

Argued: August 25, 2004.

Decided: October 18, 2004.

Appeal from the United States District Court for the Southern District of New York, Denise Cote, J.

J. Michael Rediker, Haskell Slaughter Young & Rediker, LLC, Birmingham, AL (William M. Slaughter, Thomas L. Krebs, Michael K.K. Choy, J. Vernon Patrick, Thomas T. Gallion III, Page A. Poerschke, Vincent J. Graffeo, Haskell Slaughter Young & Rediker, LLC, Birmingham, Alabama; Leo Kayser III, Haskell Slaughter Young & Rediker, LLC, New York, New York; John C. Jeffries, Charlottesville, Virginia, of counsel), for Respondents-Appellants.

Jay B. Kasner (Susan L. Saltzstein, Cyrus Amir-Mokri, Steven J. Kolleeny, of counsel), Skadden, Arps, Slate, Meagher & Flom LLP, New York, New York, for Applicants-Appellees J.P. Morgan Chase & Co., J.P. Morgan Securities Inc., Bank of America Corp., and Banc of America Securities LLC.

Martin London (Bruce Birenboim, Brad S. Karp, Eric S. Goldstein, Joyce S. Huang, of counsel), Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, New York, for Applicants-Appellees Citigroup Inc. and Citigroup Global Markets Inc.

Eliot Lauer (Michael Moscato, of counsel), Curtis, Mallet-Prevost, Colt & Mosle LLP, New York, New York, for Applicant-Appellee Arthur Andersen LLP.

Kevin Newsom, Alabama Solicitor General (Charles Campbell, Assistant Attorney General, of counsel; Troy King, Alabama Attorney General, on the brief), Office of the Alabama Attorney General, Montgomery, Alabama, for amicus curiae Alabama Attorney General.

Before: CABRANES and WESLEY, Circuit Judges.*

JOSÉ A. CABRANES, Circuit Judge.

At issue in this appeal is whether the United States District Court for the Southern District of New York (Denise Cote, Judge), the venue for multidistrict securities litigation arising from the collapse of WorldCom, was authorized to enter an injunction ordering an Alabama state court to postpone the trial of a related case until after the District Court had completed its own trial. On April 23, 2004, the District Court ordered the Alabama action to be rescheduled from October 18, 2004, to a date no earlier than sixty days following the completion of a class action trial that is scheduled to begin in the District Court on January 10, 2005. See In re WorldCom, Inc. Sec. Litig., 315 F.Supp.2d 527 (S.D.N.Y.2004). The plaintiffs in the Alabama Action, collectively known as the Retirement Systems of Alabama ("RSA"), who are not plaintiffs in the securities litigation in the District Court, appeal from the injunction.

We conclude that the District Court's injunction was barred by the Anti-Injunction Act, 28 U.S.C. § 2283, which permits a federal court to enjoin a state court proceeding only where "expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments." 28 U.S.C. § 2283. The District Court reasoned that the trial date of October 18, 2004 in the Alabama action would disrupt the District Court's own trial date of January 10, 2005, and that an injunction postponing the Alabama action was therefore "necessary in aid of its jurisdiction." See In re WorldCom, Inc. Sec. Litig., 315 F.Supp.2d at 544-47. We hold that the "necessary in aid of its jurisdiction" exception to the Anti-Injunction Act does not permit a district court — even a district court managing complex, multidistrict litigation such as the WorldCom securities litigation — to enjoin state court proceedings simply to preserve its trial date.

I. BACKGROUND

A. The Securities Litigation in the District Court

On June 25, 2002, WorldCom announced a massive restatement of its financial statements, precipitating the filing of numerous individual and class actions in state and federal courts across the country.*

On August 15, 2002, numerous class actions that had been filed in the Southern District of New York were consolidated before Judge Cote under the caption In re WorldCom, Inc. Securities Litigation. The Consolidated Class Action Complaint named former officers and directors of WorldCom, underwriters of WorldCom's May 2000 and May 2001 bond offerings, WorldCom's former auditor Arthur Andersen, WorldCom's chief outside analyst Jack B. Grubman, and Grubman's employers, Salomon Smith Barney Inc. and Citi-group Inc. The complaint asserted claims under Sections 11, 12(a)(2) and 15 of the Securities Act of 1933 ("Securities Act") and Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 ("Exchange Act").

WorldCom filed for bankruptcy in July 2002 — the largest bankruptcy filing in United States history. Thereafter, the defendants in various state court actions removed those actions to federal court on the ground that they were related to WorldCom's bankruptcy. The Judicial Panel on Multidistrict Litigation ("MDL Panel") ordered that actions pending in federal courts across the country, including actions that had been removed from state court, be centralized in the Southern District of New York before Judge Cote. Prior to the MDL Panel's order, however, a handful of actions removed to federal court had been remanded to state court. One of these state court actions, Retirement Systems of Alabama v. J.P. Morgan Chase & Co., No. CV 2002-1947(a)-PR (Ala. Cir. Ct., Montgomery County) (the "Alabama Action"), is pending in the Alabama Circuit Court for Montgomery County, and is the subject of this appeal.

In December 2002, the consolidated class action and the actions transferred by the MDL Panel — collectively, the "Securities Litigation" — were consolidated for pretrial purposes. The District Court certified a class on October 24, 2003, and shortly thereafter set a date of January 10, 2005 for the trial of the consolidated class action, with the trials of the individual actions to follow.

In November 2003, the defendants in the Securities Litigation requested that plaintiffs' counsel in one of the remanded state court actions be required to participate in depositions in the Securities Litigation to avoid duplicative discovery. This request led to an exchange in which the parties, Judge Cote, and the state court judges in the remanded actions attempted to coordinate discovery in their related actions. On January 30, 2004, Judge Cote issued a Discovery Coordination Order (the "Coordination Order"), and sent it to the state court judges in the three remanded actions (the Alabama Action, and actions in Illinois and Pennsylvania) that were approaching or were already in the discovery stage.

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Retirement Systems Of Alabama v. J.P. Morgan Chase & Co., 386 F.3d 419 (2d Cir. 2004).

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