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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IN RE MUTUAL FUNDS INVESTMENT LITIGATION In re Excelsior, Federated and Scudder [Scudder Sub-Track] : MDL 1586 : : : Case No. 04-MD-15861 : : No. 04-1298 ...o0o...

MEMORANDUM On September 29, 2004, the plaintiffs in this investor class action, as in many other family of fund subtracks in this mutual fund MDL litigation, filed a consolidated amended complaint ("CAC") alleging various claims under the Securities Act, Exchange Act, Investment Company Act, and state law. In a memorandum dated November 3, 2005, later memorialized in a February 2006 order, after independently reviewing and agreeing with the holdings in Judge Motz's Janus Investor Class Opinion, 384 F.Supp.2d 845 (D.Md. 2005) I granted the motion to dismiss as to the Securities Act and certain other claims. I denied it as to the Exchange Act claims against Deutsche Bank AG and other Scudder/Deutsche defendants. I also denied the motion without prejudice as to the ICA

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Maryland Law