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

Case No. 1:05-cv- 03791-MGC

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

Case No. 1:05-cv-04950-JGK

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

Case No. 1:05-cv- 05098-UA

MOTION OF K.J. EGLESTON

FOR CONSOLIDATON, APPOINTMENT AS LEAD PLAINTIFF

AND APPROVAL OF SELECTION OF LEAD COUNSEL

Plaintiff K.J. Egleston, upon the June 6, 2005 Declaration of Gustavo Bruckner, Esq., and

the exhibits annexed thereto, the accompanying Memorandum of Law, all of the prior pleadings and

Case 1:05-cv-04950-MBM Document 2 Filed 06/06/2005 Page 1 of 8
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proceedings had herein, and such other evidence as the Court may consider at the hearing on this

motion, moves this Court for an order in the form filed herewith: (i) consolidating the abovecaptioned actions; (ii) appointing K.J. Egleston as Lead Plaintiff in the above-referenced actions

pursuant to Section 21D of the Securities Exchange Act of 1934, as amended by the Private

Securities Litigation Reform Act of 1995; and (ii) approving Lead Plaintiff’s selection of Lead

Counsel.

DATED: June 6, 2005

New York, NY

Respectfully submitted,

WOLF HALDENSTEIN ADLER

FREEMAN & HERZ LLP

By: /s/

Fred Taylor Isquith, Esq.

Gustavo Bruckner, Esq.

270 Madison Avenue

New York, New York 10016

Telephone: (212) 545-4600

Facsimile: (212) 545-4653

Proposed Lead Counsel

Thomas J. McKenna

Gainey & McKenna

485 Fifth Avenue, 3rd Floor

New York, New York 10017

Tel: 212-983-1300

Fax: 212-983-0383

Additional Plaintiff’s Counsel

/404374

Case 1:05-cv-04950-MBM Document 2 Filed 06/06/2005 Page 2 of 8
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EXHIBIT A

Case 1:05-cv-04950-MBM Document 2 Filed 06/06/2005 Page 3 of 8
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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

Case No. 1:05-cv- 03791-MGC

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

Case No. 1:05-cv-04950-JGK

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

Case No. 1:05-cv- 05098-UA

[PROPOSED] ORDER

Having considered the Motion of K. J. Egleston for Consolidation, Appointment as Lead

Plaintiffs and Approval of Lead Plaintiffs’ Selection of Lead Counsel, and the Memorandum of

Case 1:05-cv-04950-MBM Document 2 Filed 06/06/2005 Page 4 of 8
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Law and Declaration of Gustavo Bruckner, Esq. in support thereof, and good cause appearing

therefore:

CONSOLIDATION

1. The Actions (as defined in the accompanying Memorandum of Law) and any other

actions 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.

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

Case 1:05-cv-04950-MBM Document 2 Filed 06/06/2005 Page 5 of 8
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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 subsequently-filed or transferred related action.

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.

Case 1:05-cv-04950-MBM Document 2 Filed 06/06/2005 Page 6 of 8
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11. With the approval of the Court, Lead Counsel shall assume and exercise the

following powers and responsibilities:

A. 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.

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.

Case 1:05-cv-04950-MBM Document 2 Filed 06/06/2005 Page 7 of 8
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SERVICE OF PLEADINGS AND OTHER PARTIES

15. 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 Judge Miriam Goldman Cedarbaum.

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