EFTA01099116.pdf

Labaton Sucharow James W. Johnson Partner 212 907 0859 direct 212 883 7059 fax April 8, 2011 VIA EMAIL John K. Dema, Esq. Harry P. Sustnan, Esq. Law Offices of John K. Desna, P.C. Stephen D. Susman, Esq. 1236 Strand Street Susman Godfrey LLP Suite 103 1000 Louisiana Street St. Croix, VI 00820-5008 Suite 5100 Houston, pc 77002 Re: Inn Bear Steams Companies, Ina Stultifies, Derivative, and ERISA Litigation, No. 08 MDL No. 1963 (RWS) Gentlemen: We are Co-Lead Counsel for Lead Plaintiffs in the above-entitled securities class action (the "Securities Class Action"). You are receiving this letter because you have filed the following individual action that has been consolidated with the Securities Class Action: Financial Trust Co., Ina v. The Bear Stearns Cat Inc., No. 10 Civ. 01226 (RWS). As you know, on January 19, 2011 the Court denied defendants' motions to dismiss in their entirety. The Court entered an agreed-upon scheduling order today, and will hold a status conference in the Securities Class Action on Wednesday, April 13 at 4:30 p.m. At the status conference, the parties will discuss a proposed Case Management Order ("CMO"), a copy of which is enclosed. This CMO is patterned on the order entered by Judge Denise Cote in In re Work1Cont, Ina Sec. Litig., Master File 02 Civ. 3288 (DLC) (S.D.N.Y. May 29, 2003). The CMO provides a mechanism by which discovery unique to the individual actions will be coordinated with the Securities flag; Action. The highlighted language in paragraph 9 of the CMO is in dispute, and we will ask the Court to resolve the issue on Wednesday. Please contact me or co-counsel, Patrick Egan at Berman DeValeal if you have any questions. Labaton Sucharow tra 140 Broadway, NewYork, NY 10005 ain EFTA01099116