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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IN RE MUTUAL FUNDS INVESTMENT LITIGATION ______________________________________ IN RE ALGER, COLUMIBIA, JANUS, MFS, ONE GROUP, PUTNAM, and ALLIANZDRESDNER ______________________________________ Carl Kircher, et al. v. Putnam Funds Trust, et al. ______________________________________ MDL 1586

Case No. 04-md-15863 (Judge J. Frederick Motz)

Case No. JFM-10-1887

MEMORANDUM Kircher v. Putnam Funds Trust, JFM-10-1887, was recently transferred from the Southern District of Illinois to this Court to be considered as part of the Mutual Funds MDL proceeding that has been pending before this Court since 2004.1 Conditional Transfer Order, July 14, 2010, ECF No. 21. Defendants Evergreen International Trust and Evergreen Investment Management Company, LLC (collectively, the "Evergreen Defendants") now move to administratively close and terminate with prejudice the Kircher action. For the following reasons, I will grant the Evergreen Defendants motion. I. PROCEDURAL BACKGROUND The procedural history of this case, which has been pending for over seven years, is a long and tortured one. On September 16, 2003, Plaintiffs Carl Kircher and Robert Brockway ("Plaintiffs") originally filed suit in Illinois state court against Putnam Funds Trust, Putnam Investment Management, LLC (collectively, the "Putnam Defendants"), and the Evergreen Defendants. Over the next four years, numerous removal and remand proceedings ensued, with For information on the market timing claims at the center of the Mutual Funds MDL, see In re Mutual Funds Investment Litigation, 384 F. Supp. 2d 845, 851 n.1 (D. Md. 2005).
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the case eventually being remanded for a third time to the Circuit Court for Madison County, Illinois in July 2007. Thereafter, the defendants jointly moved for judgment on the pleadings on the grounds that the Securities Litigation Uniform Standards Act of 1998 ("SLUSA"), 15 U.S.C.

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