In Re Specific Media Flash Cookie Litig.

Filing 18

ORDER by Judge George H Wu to Consolidate and Create Organizational Structure for Counsel. Pursuant to the Stipulation #17 , the Court consolidates Genevive La Court, et al. v. Specific Media, Inc., Case No. 8:10-cv-01256-GW (JCGx) and Kaufman v. SpecificMedia, Inc., Case No. 8:10-cv-01891-JVS (RNBx). Each document filed by a party to this litigation shall bear the following caption: In Re Specific Media Flash Cookie Litig. No. 8:10-cv-01256-GW (JCGx). Under Federal Rule of Civil Procedure 23(g)(2), inter alia, Interim Class Counsel shall be Scott A. Kamber of KamberLaw, LLC and David C. Parisi of Parisi & Havens LLP. Interim Class Counsel, acting on behalf of Plaintiffs. (mg) Modified on 12/29/2010 (mg).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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GENEVIVE LA COURT; DEIRDRE
HARRIS; CAHILL HOOKER; BILL
LATHROP; JUDY STOUGH; and E.H., a
minor, by and through her parent, JEFF
HALL; individually, on behalf of
themselves and others similarly situated,

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Gibson, Dunn &
Crutcher LLP

Plaintiffs,
v.
SPECIFIC MEDIA, INC., a Delaware
Corporation,
Defendant.

Case No. 8:10-cv-01256-GW (JCGx)
ORDER TO CONSOLIDATE AND
CREATE ORGANIZATIONAL
STRUCTURE FOR COUNSEL

Honorable George H. Wu

Pursuant to the stipulation between and among the parties, and good

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cause appearing therefor, the Court orders as follows:

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I.

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CONSOLIDATION AND TREATMENT OF SUBSEQUENT ACTIONS
1.

The Court finds that Genevive La Court, et al. v. Specific Media, Inc.,

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Case No. 8:10-cv-01256-GW (JCGx) (C.D. Cal. filed Aug. 19, 2010) and Kaufman v.

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SpecificMedia, Inc., Case No. 8:10-cv-01891-JVS (RNBx) (C.D. Cal. filed Dec. 13,

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2010) are related actions, the Kaufman action is hereby transferred to this Court, and

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both actions are hereby consolidated into Genevive La Court, et al. v. Specific

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Media, Inc., Case No. 8:10-cv-01256-GW (JCGx), and are referred to herein as the

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Consolidated Action. Each document filed by a party to this litigation shall bear the

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following caption:

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___________________________________

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In Re Specific Media Flash Cookie Litig.

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___________________________________

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2.

No. 8:10-cv-01256-GW (JCGx)

The terms of this Order shall apply to actions instituted in, removed

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to, or transferred to this Court that name Specific Media, Inc. as a defendant and that

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involve the same or substantially similar issues of law and fact, which shall be

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consolidated into the Consolidated Action, unless a party in such newly-filed or

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transferred action objects to consolidation, as provided for herein, or any provision of

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this Order, within ten (10) days after the date upon which a copy of this Order is

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served on counsel for such party, by filing an application for relief and this Court

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deems it appropriate to grant such application.

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3.

Counsel shall call to the attention of the Court and the Clerk the

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filing or transfer of any case that might properly be consolidated with the

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Consolidated Action. Mailing or other delivery of a copy of this Order by Defendant

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Specific Media, Inc.’s (“Specific Media” or “Defendant”) counsel or Plaintiffs’ Counsel

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(see II., below), as appropriate, to the counsel in any newly filed or transferred actions

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Gibson, Dunn &
Crutcher LLP

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shall constitute valid notice thereof for purposes of establishing its applicability to such

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action in accordance herewith.
4.

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Interim Class Counsel shall file a Consolidated Amended Complaint by

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January 7, 2011. Specific Media shall not be required to respond to any currently filed

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complaint in the Actions.
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Specific Media shall answer or move against the Consolidated

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Amended Complaint within thirty (30) days after the filing of such Consolidated

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Amended Complaint.
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Specific Media and Plaintiffs shall serve their Initial Disclosures

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within fourteen (14) days of the filing of Specific Media’s answer or responsive

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pleading to the Consolidated Amended Complaint.

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II.

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ORGANIZATION OF PLAINTIFFS’ COUNSEL
1.

Under Federal Rule of Civil Procedure 23(g)(2), inter alia, Interim

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Class Counsel shall be Scott A. Kamber of KamberLaw, LLC and David C. Parisi of

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Parisi & Havens LLP. Interim Class Counsel, acting on behalf of Plaintiffs, shall have

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the duties as set forth in the Manual for Complex Litigation, 3rd ed., including the

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following:

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a.

To coordinate all proceedings, including preparing,

structuring, and presenting pretrial and other management-related orders;

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b.

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counsel;

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c.

To encourage full cooperation and efficiency among all

To create any necessary committees and appoint committee

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chairs and otherwise delegate responsibilities for specific tasks in a

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manner to assure that pretrial and trial preparation is conducted effectively,

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efficiently, and economically;

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d.

To delegate work responsibilities and monitor the activities of

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counsel to ensure that schedules are met and unnecessary expenditures of

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time and expense are avoided;

Gibson, Dunn &
Crutcher LLP

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e.

To act as spokespersons at all court conferences;

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f.

To call meetings of themselves and/or other counsel as

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appropriate or necessary from time to time;
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To initiate and conduct settlement negotiations with counsel

for the Defendant;
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To determine Plaintiffs’ position on all matters arising during

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this litigation (after such consultation with other counsel as they deem

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appropriate) and present such position orally and/or in writing to the Court and

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opposing parties;

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i.

To consult with and employ experts, as necessary;

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j.

To initiate, coordinate and conduct discovery;

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k.

To represent Plaintiffs at trial and on any appeal of this

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matter;

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l.

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To negotiate and execute agreements with local counsel or

other cooperating attorneys;

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m.

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entitled to; and
n.

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To determine the fee that local counsel and liaison counsel are

To perform such other duties as are necessary in connection

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with the prosecution of this litigation.

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2.

Interim Class Counsel shall be the contact between Plaintiffs’

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counsel and Defendant’s counsel as well as the spokespersons for Plaintiffs’

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counsel. All agreements reached with Interim Class Counsel shall be binding on all

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other Plaintiffs’ counsel in the Consolidated Action.

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3.

Interim Class Counsel are hereby designated as the counsel for

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Plaintiffs in the Consolidated Action upon whom all notices, orders, pleadings,

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motions, discovery, and memoranda relating to the Consolidated Action shall be served,

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and Defendant shall effect service of papers on Plaintiffs in the consolidated Action by

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serving Interim Class Counsel.

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Crutcher LLP

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4.

No motion or request for discovery shall be served or filed by

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Plaintiffs, or other pretrial proceedings initiated by Plaintiffs, except by or with

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the authorization of Interim Class Counsel.

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5.

The organization structure set forth in this section applies to all Plaintiffs’

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counsel in the Consolidated Action, including any action subsequently governed

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by this Order.

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6.

No communications among Plaintiffs’ counsel shall be taken as a

waiver of any privilege or protection to which they would otherwise be entitled.
IT IS SO ORDERED.

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Dated: December 27, 2010

_____________________________
The Honorable George H. Wu
Judge of the United States District Court

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