Collins v. GameStop Corp. et al

Filing 62

CASE MANAGEMENT ORDER and ORDER by Judge Thelton E. Henderson vacating (47) Motion to Consolidate Cases in Collins as moot. Amended complaint in Collins and stipulated dismissal in Proctor shall be filed by 05/25/11. (tehlc3, COURT STAFF) (Filed on 5/18/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JAMES COLLINS,

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Plaintiff,

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v.
GAMESTOP CORP., et al.,

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NO. C10-1210 TEH
CASE MANAGEMENT ORDER
and ORDER VACATING
MOTION TO CONSOLIDATE
CASES AS MOOT

Defendants.

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For the Northern District of California

United States District Court

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MATTHEW PROCTOR and
DANOBY ORTIZ,
Plaintiffs,

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v.

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NO. C11-0962 TEH

GAMESTOP CORP., et al.,
Defendants.

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The Collins matter came before the Court on May 16, 2011, on Plaintiffs’ motion to

19 consolidate the case with Proctor and to appoint interim lead class counsel. At the hearing,
20 Plaintiffs’ counsel in both cases agreed that it was unnecessary to proceed with two separate
21 actions. Instead, counsel agreed that Collins could be amended to add Matthew Proctor and
22 Danoby Ortiz as named plaintiffs, with all counsel listed as counsel of record for Plaintiffs,
23 and Proctor could subsequently be dismissed. Defendants did not object to the amendment
24 but did raise concerns about any attorneys’ fees that might be awarded to Plaintiffs’ counsel.1
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Given the history of these two cases, the Court shares these concerns and will closely
scrutinize any request for attorneys’ fees brought by Plaintiffs following a settlement of this
27 case or if Plaintiffs prevail through litigation. Unreasonable attorneys’ fees, including those
resulting from duplicative work, over-staffing, or unnecessarily multiplying these
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Accordingly, with good cause appearing, IT IS HEREBY ORDERED that Plaintiffs

2 shall file an amended complaint in Collins, and the parties shall file a stipulation and
3 proposed order for dismissal in Proctor, on or before May 25, 2011. Plaintiffs’ motion to
4 consolidate cases and appoint interim lead class counsel is VACATED as moot.
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In addition, the Court strongly recommends that the parties contact the assigned

6 magistrate judge to get on her calendar prior to the scheduled May 1, 2012 settlement
7 conference. The assistance of a magistrate judge may be helpful at this juncture, particularly
8 if Defendants’ counsel has correctly represented that attorneys from Initiative Legal Group
9 (“ILG”) agreed to some terms of a class settlement – even if, as ILG now contends, no

11 class.
For the Northern District of California

United States District Court

10 complete agreement was reached – while they were counsel of record to the Collins putative

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13 IT IS SO ORDERED.
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15 Dated: 05/18/11
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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