A CERTIFIED TRUE COPY ATTEST By Tanisha Spinner on Aug 18, 200et I Fon iNE UNITED STATES JUDICIAL PANEL ON muLTUNSTRiCT LITIGATION I ciffilo i9‘3 UNITED STA UDICIAL PANF4L on MULTIDISTRICT LITIGATIO4. IN RE: THE BEAR STEARNS COMPANIES INC. SECURITIES, DERIVATIVE AND EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA) LITIGATION TRANSFER ORDER UNITED STATES JUDICIAL PANEL ON MULTIDI STRI CT LITIGATION Aug 18, 2008 FILED CLERK'S OFFICE MDL No. 1963 Before the entire Panel': Defendants The Bear Stearns Companies Inc. (Bear Stearns) and Alan D. Schwartz have moved, pursuant to 28 U.S.CJ 1407, for coordinated or consolidated pretrial proceedings of the actions listed on schedule A in the Southern District of New York. The defendants' motion encompasses fourteen actions in the Southern District of New York and one action in the Eastern District of New York.' Plaintiffs in three Southern District of New York actions support transfer of the outlying Eastern District of New York action to the Southern District of New York, but emphasize the need for coordinated, but not consolidated, treatment of their actions. After considering all argument of counsel, we find that these fifteen actions involve common questions of fact, and that centralization under Section 1407 in the Southern District of New York will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. All actions share allegations regarding, inter alia, whether Bear Stearns and certain of its current and former officers and directors knowingly made material misstatements or omissions concerning the company's financial health that misled investors and caused investor inset when the company's stock price fell in March 2008. Centralization under Section 1407 will eliminate duplicative discovery, prevent inconsistent pretrial rulings, and conserve the resources of the parties, their counsel and the judiciary. The responding plai