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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 JAMES COLLINS, 6 Plaintiff, 7 8 v. GAMESTOP CORP., et al., 9 NO. C10-1210 TEH CASE MANAGEMENT ORDER and ORDER VACATING MOTION TO CONSOLIDATE CASES AS MOOT Defendants. 11 For the Northern District of California United States District Court 10 12 MATTHEW PROCTOR and DANOBY ORTIZ, Plaintiffs, 13 v. 14 15 NO. C11-0962 TEH GAMESTOP CORP., et al., Defendants. 16 17 18 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 25 26 1 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 28 proceedings, shall not be awarded. 1 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. 5 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 12 13 IT IS SO ORDERED. 14 15 Dated: 05/18/11 16 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT 17 18 19 20 21 22 23 24 25 26 27 28 2

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