Harris v. Dimon et al

Filing 68

ORDER CONSOLIDATING CASES signed by Judge Kimberly J. Mueller on 10/16/14 ORDERING the actions of Horwitz v. Dimon, et al., No. 2:14-cv-01489-KJM-EFB, and In re JPMorgan Chase Derivative Litigation, Master File No. 2:13-cv-02414-KJM-EFB, are hereby consolidated for all purposes, including pretrial proceedings, trial, and appeal; Every pleading filed in the consolidated action, or in any separate action included herein, shall bear the caption identified in the Court's February 7, 2014 Order; The Consolidated Shareholder Derivative Complaint filed on March 3, 2014 in In re JPMorgan Chase Derivative Litigation remains the operative pleading at issue in the consolidated action. (Becknal, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 MAYER HORWITZ, derivatively on behalf of JPMORGAN CHASE & CO., ORDER CONSOLIDATING ACTIONS 12 Plaintiff, 13 14 15 16 17 Case No. 2:14-cv-01489-KJM-EFB vs. JAMES “JAMIE” DIMON; JAMES BELL; CRANDALL C. BOWLES; STEPHEN B. BURKE; JAMES S. CROWN; ELLEN V. FUTTER; WILLIAM B. HARRISON, JR.; LABAN P. JACKSON, JR.; ROBERT I. LIPP; DAVID C. NOVAK; LEE R. RAYMOND; and WILLIAM C. WELDON, 18 Defendants, 19 -and- 20 JPMORGAN CHASE & CO., 21 Nominal Defendant. 22 23 24 In re JPMORGAN CHASE DERIVATIVE LITIGATION Master File No. 2:13-cv-02414-KJM-EFB 25 26 This Document Relates to: All Actions. 27 28 1 1 In consideration of the parties’ stipulation and proposed order, ECF No. 67 in 2:13-cv- 2 02414-KJM-EFB, ECF No. 67 and ECF No. 12 in 2:14-cv-01489-KJM-EFB, the court orders as 3 follows: 4 1. The actions of Horwitz v. Dimon, et al., No. 2:14-cv-01489-KJM-EFB, and In re 5 JPMorgan Chase Derivative Litigation, Master File No. 2:13-cv-02414-KJM-EFB, are hereby 6 consolidated for all purposes, including pretrial proceedings, trial, and appeal; 7 8 2. Every pleading filed in the consolidated action, or in any separate action included herein, shall bear the caption identified in the Court’s February 7, 2014 Order; 9 3. The Consolidated Shareholder Derivative Complaint filed on March 3, 2014 in In 10 re JPMorgan Chase Derivative Litigation remains the operative pleading at issue in the 11 consolidated action; 12 4. Pursuant to previous stipulation between the nominal defendant and the plaintiff in 13 the Horwitz action, the motion to dismiss or, in the alternative, to transfer venue filed in In re 14 JPMorgan Chase Derivative Litigation shall be deemed filed and fully briefed with respect to the 15 complaint filed by Mr. Horwitz, with the briefs filed in opposition to the motion to dismiss or, in 16 the alternative, to transfer venue deemed filed by Mr. Horwitz, and with no need for any of the 17 defendants from the Horwitz action to further respond to Mr. Horwitz’ complaint; 18 5. The parties from the Horwitz action, including plaintiff Mayer Horwitz, shall be 19 bound by the Court’s order on the pending motion to dismiss or, in the alternative, to transfer 20 venue filed in In re JPMorgan Chase Derivative Litigation on May 16, 2014, including, but not 21 limited to, any order denying or granting the motion, in whole or in part, and/or any order to 22 dismiss the case with prejudice or that sets future deadlines to amend or answer the Consolidated 23 Shareholder Derivative Complaint; and 24 6. Cotchett, Pitre & McCarthy, LLP remains Lead Counsel for plaintiffs in the 25 consolidated action, with responsibility to coordinate and supervise the efforts of plaintiffs’ 26 counsel in the derivative actions, including any discovery, briefing, settlement, and trial. 27 //// 28 //// 2 1 2 IT IS SO ORDERED. DATED: October 16, 2014. 3 4 UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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