In re E.Spire Communications, Inc.

MEMORANDUM OPINION

HARVEY, District Judge.

Pending in this Court are 10 putative class action suits asserting securities fraud claims against E.Spire Communications, Inc. (“E.Spire”) and certain of its officers and/or directors. Suit has been brought on behalf of shareholders of E.Spire who are seeking damages for violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”), as amended, 15 U.S.C. § 78t(a) and 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240.10b-5. Jurisdiction is alleged to exist pursuant to 28 *209U.S.C. § 1331. An Order has…