Ehler et al v. Ipex, Inc. et al

Filing 59

ORDER granting 57 Motion for Order to Appoint Plaintiff's Steering Committee.This Case Management Order affects the organizational and leadershipstructure for Plaintiffs counsel in the instant action. by Judge Christine M. Arguello on 7/29/09.(erv, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 08-cv-02220-CMA-BNB FRANCIS CORDES, and SHIVANII SINGH, individually and on behalf of all others similarly situated, Plaintiffs, v. IPEX, INC., and IPEX USA, LLC, Defendants. ORDER REGARDING PLAINTIFFS' STEERING COMMITTEE This Case Management Order affects the organizational and leadership structure for Plaintiffs' counsel in the instant action. I. THE CASES BEFORE THIS COURT On May 15, 2009, the Court issued an Order appointing interim class counsel pursuant to Rule 23(g) of the Federal Rules of Civil Procedure. Subsequent to the issuance of that Order, the Court has been advised by interim class counsel of the existence of six additional cases pending in District Court in the United States, including Alabama, Utah, Ohio, Texas, Tennessee, and Colorado, which essentially make the same claims against the same Defendants, albeit on behalf of classes which are limited to citizens of the state in which the action was filed. II. ORGANIZATION OF PLAINTIFFS' COUNSEL 1. Plaintiffs' Steering Committee In addition to this Court's previous appointment of Lead Counsel and Liaison Counsel, the Court designates the following as members of the Plaintiffs' Steering Committee: Gary Mason Mason Law Firm 225 19th Street, NW, Suite 500 Washington, DC 20036 Beth Terrell Terrell Marshall & Daudt PLLC 3600 Fremont Avenue N. Seattle, WA 98103 Shawn Raiter Larson King 2800 Wells Fargo Place 30 East Seventh St. Saint Paul, MN 55101 Michael Plachy Rothgerber Johnson & Lyons LLP One Tabor Center, Suite 3000 1200 Seventeenth Street Denver, CO 80202 Todd M. Schneider Schneider Wallace Cottrell Brayton Konecky LLP 180 Montgomery Street, Suite 2000 San Francisco, CA 94104 Mark Chavez 42 Miller Avenue Mill Valley, CA 94941 2. Duties of Plaintiffs' Steering Committee The Plaintiffs' Steering Committee will serve at the direction of Lead Counsel and undertake such assignments as provided by Lead Counsel including: a. b. c. d. briefing and legal research; discovery, including both written discovery and depositions; trial preparation; and maintain adequate time and disbursement records covering services and present such records to lead counsel upon request. III. PRIVILEGES PRESERVED No communication among Plaintiffs' counsel shall be taken as a waiver of any privilege or protection to which they would otherwise be entitled. IV. TIME RECORDS All Plaintiffs' counsel participating in these actions shall submit to Lead Counsel, on a quarterly basis, contemporaneously maintained detailed time and expense records. Failure to maintain accurate time records and/or the timely submission of the same will be grounds for Lead Counsel to withhold future work assignments. V. LATER FILED CASES The terms of this Order shall apply automatically to later filed cases, including those transferred to this District. Objections to the terms of this order are waived unless filed with the Court within 10 days of the inclusion of an action in these proceedings. A copy of the objection shall be served on Lead Counsel and counsel for Defendants. DATED: July 29, 2009. BY THE COURT: ___________________________ CHRISTINE M. ARGUELLO United States District Judge