UNITED STATES COURT OF APPEALS, FOR THE NINTH CIRCUIT

CREDIT SUISSE; SWISS BANK CORPORATION,Petitioners, v.

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OFCALIFORNIA, Respondent,

LORETTA ANN ROSALES; GILDA NARCISO, Real Parties in Interest

No. 97-70193, D.C. No. CV-96-06419

ORDER

Before: HALL, and T.G. NELSON, Circuit Judges, and WINMILL*, District Judge.

Real Parties in Interest filed a motion to modify this Court's opinion, Credit Suisse v. Rosales, No. 97-70193 (9^th Cir. Dec. 3, 1997). Specifically, Real Parties in Interest allege that the opinion restricts and limits the district court from participating in settlement discussions in exercising its duties under Fed. R. Civ. P. 23 in the case of In re: Estate of Ferdinand E. Marcos Human Rights Litigation, MDL No. 840. Our opinion does not restrict the district court from participating in settlement discussions or exercising its Rule 23 duties in MDL No. 840. Our opinion restricts the district court only from: (1) taking any further action in the Rosales action; and (2) taking any further action in any other case involving the Real Parties in Interest and assets of the Estate of Ferdinand E. Marcos ("Marcos Assets") held or claimed to be held by Credit Suisse and/or Swiss Bank Corporation ("the banks"). The district court may thus perform its Rule 23 and/or settlement duties in MDL No. 840 so long as such duties do not involve an attempt to reach Marcos assets held or claimed to be held by the banks, and as long as such duties do not involve taking any further action in the Rosales action.

Real Parties in Interest's motion to modify this Court's opinion, Credit Suisse v. Rosales, No. 97-70193 (9^th Cir. Dec. 3, 1997), is DENIED.

*Honorable B. Lyon Winmill, United States District Judge for the District of Idaho, sitting by designation.