421343

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

HANNA KLEINPETER-FLECK, individually and on

behalf of all others similarly situated,

Plaintiff,

vs.

COLLINS & AIKMAN CORPORATION, DAVID A.

STOCKMAN, J. MICHAEL STEPP and

BRYCE M. KOTH,

Defendants

05 CIV. 3791 (MBM)

K. J. EGLESTON, individually and on behalf of all

others similarly situated,

Plaintiff,

vs.

JERRY L. MOSINGO, DAVID A.

STOCKMAN, J. MICHAEL STEPP and

BRYCE KOTH,

Defendants

05 CIV. 4950 (MBM)

MORRIS AKERMAN, individually and on behalf of

all others similarly situated,

Plaintiff,

vs.

COLLINS & AIKMAN CORPORATION, DAVID

STOCKMAN, J. MICHAEL STEPP and

BRYCE KOTH,

Defendants

05 CIV. 5098 (MBM)

(Additional caption on next page)

PROPOSED ORDER FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF

AND APPROVAL OF LEAD PLAINTIFF’S SELECTION OF LEAD COUNSEL

Case 1:05-cv-04950-MBM Document 10 Filed 11/28/2005 Page 1 of 6
2

421343

MASSIMO GARRIDDI, individually and on behalf of

all others similarly situated,

Plaintiff,

vs.

COLLINS & AIKMAN CORPORATION, DAVID

STOCKMAN, J. MICHAEL STEPP and

BRYCE KOTH,

Defendants

05 CIV. 5251 (MBM)

CONSOLIDATION

1. The following Actions: 05 Civ. 3791, 05 Civ. 4950, 05 Civ. 5098, and 05 Civ.

5251 are hereby consolidated into one action (hereinafter, the “Consolidated Action”) for all

purposes, pursuant to Federal Rules of Civil Procedure 42. This Order (the “Order”) shall apply

as specified to the Consolidated Action and to each case that relates to the same subject matter

that is subsequently filed in this Court or transferred to this Court and is consolidated with the

Consolidated Action.

MASTER DOCKET AND MASTER FILES

2. A Master File is hereby established for this proceeding. The Master File shall be

1:05-cv-03791. The Clerk shall file all pleadings in the Master File and note such filings on the

Master Docket.

3. An original of this Order shall be filed by the Clerk in the Master File.

4. The Clerk shall mail a copy of this Order to counsel of record in the Consolidated

Actions.

Case 1:05-cv-04950-MBM Document 10 Filed 11/28/2005 Page 2 of 6
3

421343

CAPTION OF THE CASE

5. Every pleading filed in the Consolidated Action shall have the following caption:

-----------------------------------------------------------------X

IN RE COLLINS & AIKMAN CORPORATION :

SECURITIES LITIGATION : 1:05-cv-03791

-----------------------------------------------------------------X

NEWLY-FILED OR TRANSFERRED ACTIONS

6. This Court requests the assistance of counsel in calling to the attention of the

Clerk of this Court the filing or transfer of any case that might properly be consolidated as part of

the Consolidated Action.

7. When a case that arises out of the same subject matter of the Consolidated Action

is hereinafter filed in this Court or transferred from another Court, the Clerk of this Court shall:

File a copy of this Order in the separate file for such action;

Mail a copy of this Order to the attorneys for the plaintiff(s) in the newly-filed or

transferred case and to any new defendant(s) in the newly-filed or transferred

case; and

Make the appropriate entry in the Master Docket for the Consolidated Action.

8. Each new case that arises out of the subject matter of the Consolidated Action

which is filed in this Court or transferred to this Court, shall be consolidated with the

Consolidated Action and this Order shall apply thereto, unless a party objects to consolidation, as

provided for herein, or any provision of this Order, within ten (10) days after the date upon

which a copy of this Order is served on counsel for such party, by filing an application for relief

and this Court deems it appropriate to grant such application. Nothing in the foregoing shall be

construed as a waiver of the defendants’ right to object to consolidation of any subsequentlyfiled or transferred related action.

Case 1:05-cv-04950-MBM Document 10 Filed 11/28/2005 Page 3 of 6
4

421343

APPOINTMENT OF LEAD PLAINTIFF AND LEAD COUNSEL

9. The following plaintiff and class member, K. J. Egleston, is appointed lead

plaintiff pursuant to 15 U.S.C. § 78u-4(a)(3)(B).

10. The law firm of Wolf Haldenstein Adler Freeman & Herz LLP is hereby

appointed Lead Counsel.

11. With the approval of the Court, Lead Counsel shall assume and exercise the

following powers and responsibilities:

To coordinate the briefing and argument of motions;

To coordinate the conduct of written discovery proceedings;

To coordinate the examination of witnesses in depositions;

To coordinate the selection of counsel to act as spokesperson at pre-trial

conferences;

To call meetings of the plaintiffs’ counsel as they deem necessary and appropriate

from time to time;

To conduct all settlement negotiations with counsel for the defendants;

To coordinate and direct the preparation for trial, and the trial of this matter and to

delegate work responsibilities to selected counsel as may be required;

To receive orders, notices, correspondence and telephones calls from the Court on

behalf of all plaintiffs, and to transmit copies of such telephone calls to plaintiffs’

counsel; and

To supervise any other matters concerning the prosecution or resolution of the

Consolidated actions.

12. With respect to scheduling and/or procedural matters, defendants’ counsel may

rely upon all agreements with Lead Counsel.

Case 1:05-cv-04950-MBM Document 10 Filed 11/28/2005 Page 4 of 6
5

421343

13. No pleadings or other papers shall be filed or discovery conducted by any plaintiff

except as directed or undertaken by Lead Counsel.

14. Counsel in any related action that is consolidated with the Consolidated Action

shall be bound by this organizational structure of plaintiffs’ counsel.

15. A consolidated and Amended Complaint shall be filed with the Court on or before

January 13, 2006. Defendants shall answer or move to dismiss the Consolidated and Amended

Complaint on or before March 3, 2006.

16. Plaintiff’s response shall be filed on or before April 7, 2006.

17. Defendants’ reply shall be filed on or before April 21, 2006.

SERVICE OF PLEADINGS AND OTHER PARTIES

18. Service by the defendants on plaintiffs of any papers shall be deemed to be

complete for all purposes when a copy is served on Lead Counsel.

IT IS SO ORDERED.

DATED: ________________

__________________________________________

The Honorable Chief Judge Michael B. Mukasey

Case 1:05-cv-04950-MBM Document 10 Filed 11/28/2005 Page 5 of 6
6

421343

CERTIFICATE OF SERVICE

I, Gustavo Bruckner, hereby certify that on November 28, 2005, I caused a true and correct copy

of the Proposed Order for Consolidation, Appointment as Lead Plaintiff and Approval of Lead

Plaintiff’s Selection of Lead Counsel, to be served (i) electronically on all counsel registered for

electronic service for this case; and (ii) by first-class mail to all additional counsel listed below.

_____/S/______________

Gustavo Bruckner

Michael Joseph

Blank Rome LLP

600 New Hampshire Ave., NW

Washington, DC 20037

(202) 772-5959

Counsel for Defendant Bryce M. Koth

David G. Januszewski

Cahill Gordon & Reindel LLP

80 Pine Street

New York, New York 10005-1702

(212) 701-3352

Counsel for Defendant Jerry Mosingo

Jennifer M. Selendy

Kirkland & Ellis LLP

Citigroup Center

153 East 53rd Street

New York, New York 10022-4675

(212) 446-4958

Counsel for Collins & Aikman Corp.

Gandolfo V. DiBlasi

David E. Swarts

Sullivan & Cromwell LLP

125 Broad Street

New York, NY 10004

(212) 558-4000

Counsel for Defendant J. Michael Stepp

Lori A. Martin

Wilmer Cutler Pickering Hale and Dorr LLP

399 Park Avenue

New York, NY 10022

(212) 295-6412

Counsel for Defendant David A. Stockman

Case 1:05-cv-04950-MBM Document 10 Filed 11/28/2005 Page 6 of 6