Fenerjian v. Nong Shim Company, Ltd et al

Filing 49

ORDER GRANTING MOTION TO CONSOLIDATE ACTIONS; APPOINTING INTERIM LEAD CLASS COUNSEL AND LIAISON COUNSEL; ADOPTING PLAINTIFFS PROPOSED LEADERSHIP STRUCTURE; AND SETTING SCHEDULE FOR FILING OF CONSOLIDATED COMPLAINT by Hon. William H. Orrick grantin g (32) Motion to Consolidate Cases in case 3:13-cv-04115-WHO. The Court appoints Izard Nobel LLP as Interim Lead Class Counsel. The Court appoints Bramson, Plutzik, Mahler & Birkhaeuser LLP as Interim Plaintiffs Liaison Counsel. A Consolidated Compla int of the Indirect Purchaser Actions shall be filed within 45 days of this Order. All other dates shall be set at the initial Case Management Conference, which shall occur on January 21, 2014 at 2 p.m. in Courtroom 2. Associated Cases: 3:13-cv-04115-WHO, 3:13-cv-04296-WHO, 3:13-cv-04308-WHO, 3:13-cv-04335-WHO, 3:13-cv-04898-WHO(jmdS, COURT STAFF) (Filed on 12/16/2013)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

STEPHEN FENERJIAN, et al.,

Case No. 13-cv-04115-WHO

Plaintiffs,
8
v.
9
10

NONG SHIM COMPANY, LTD, et al.,
Defendants.

United States District Court
Northern District of California

11
12

ORDER GRANTING MOTION TO
CONSOLIDATE ACTIONS;
APPOINTING INTERIM LEAD CLASS
COUNSEL AND LIAISON COUNSEL;
ADOPTING PLAINTIFFS’ PROPOSED
LEADERSHIP STRUCTURE; AND
SETTING SCHEDULE FOR FILING OF
CONSOLIDATED COMPLAINT
Re: Dkt. No. 32

13
BACKGROUND

14
15
16

Plaintiffs Stephen Fenerjian, Jill Bonnington, Christina Nguyen, Thu-Thuy Nguyen, and
Eleanor Pelobello move to consolidate their following respective actions:

17



Fenerjian v. Nong Shim Co., Ltd., Case No. 13-4115-WHO;

18



Bonnington v. Nong Shim Co., Ltd., Case No. 13-4296-WHO;

19



Christina Nguyen v. Nong Shim Co., Ltd., Case No. 13-4308-WHO;

20



Thu Thuy Nguyen v. Nong Shim Co., Ltd., Case No. 13-4335-WHO;

21



22

Pelobello v. Nong Shim Co., Ltd., Case No. 13-4898-WHO (collectively, the “Indirect
Purchaser Actions”).

23

Each of the Indirect Purchaser Actions alleges that the defendants conspired to fix, maintain, raise

24

and/or stabilize prices for Korean ramen.

25
26
27
28

The plaintiffs also move the Court to appoint Izard Nobel LLP as Interim Lead Class
Counsel. Under the plaintiffs’ proposed leadership structure:
Interim Lead Counsel would be responsible for formulating and
presenting positions on substantive and procedural issues during the

litigation, working with the Court and opposing counsel in
developing and implementing a litigation plan, coordinating
initiation and organization of discovery requests and responses,
coordinating examination of deponents and the employment of
experts and arranging for support services. Interim Lead Counsel
would also be proposed as Class Counsel and then be responsible for
efficiently coordinating Plaintiffs’ representation at trial.

1
2
3
4

Dkt. No. 32 at 5.
5
Plaintiffs also move to have Bramson, Plutzik, Mahler & Birkhaeuser LLP appointed
6
Interim Liaison Counsel. The plaintiffs propose that
7
Interim Liaison Counsel would take responsibility for
communicating between the Court and other counsel (including
receiving and distributing notices, orders, motions, and briefs on
behalf of the group), convening meetings of counsel, advising
parties of developments, assisting in the coordination of activities
and positions and seeing that schedules are met.

8
9
10

United States District Court
Northern District of California

11
12

Id. at 5-6.
The defendants do not oppose the motion to consolidate or the appointment of lead

13

counsel. Dkt. No. 35. Defendants propose that the “Court stay the Defendants’ obligations to

14

respond to the Complaints and any discovery until all cases have been assigned by the [Judicial

15

Panel on Multidistrict Litigation “JPML”)] to a single judge and that judge holds an initial case

16

management conference. At the initial case management conference, following consolidation by

17

the JPML, the judge can set a schedule for filing consolidated amended complaints and responses,

18

as well as address other organizational matters.” Id. at 1-2.

19

On December 5, 2013, the JDML deemed the motion to centralize moot after all parties

20

supported or did not oppose transfer to and centralization in this Court. MDL No. 2496, Dkt. No. 61.

21

The pending motions are suitable for disposition without argument and they shall be removed

22
23
24
25

from the calendar for December 18, 2013. For good cause shown, the Court orders as follows:

ORDER
1. The Court GRANTS the unopposed motion to consolidate the Indirect Purchaser Actions.
The following actions are hereby consolidated before this court:

26

a. Fenerjian v. Nong Shim Co., Ltd., Case No. 13-4115-WHO;

27

b. Bonnington v. Nong Shim Co., Ltd., Case No. 13-4296-WHO;

28

c. Christina Nguyen v. Nong Shim Co., Ltd., Case No. 13-4308-WHO;
2

1

d. Thu-Thuy Nguyen v. Nong Shim Co., Ltd., Case No. 13-4335-WHO;

2

e. Pelobello v. Nong Shim Co., Ltd., Case No. 13-4898-WHO.

3

Every pleading filed in the Consolidated Action shall be captioned In re Korean Ramen

4

Indirect Antitrust Litigation, Case No. 13-cv-04115.

5

2. The Court appoints Izard Nobel LLP as Interim Lead Class Counsel with respect to the
Indirect Purchaser Actions. Izard Nobel LLP shall be responsible on behalf of all plaintiffs

7

for all matters concerning the prosecution and resolution of the consolidated action,

8

including (a) setting policy for plaintiffs for the prosecution of this litigation; (b)

9

delegating and monitoring the work performed by plaintiffs’ attorneys to ensure that there

10

is no duplication of effort or unnecessary expense; (c) coordinating, on behalf of plaintiffs,

11
United States District Court
Northern District of California

6

the initiation, response, scheduling, briefing and argument of all motions, and the initiation

12

and conduct of all discovery proceedings; (d) designating attorneys to appear at hearings

13

and conferences; (e) determining the timing and substance of any settlement negotiations

14

with defendants; and (f) providing supervision and coordination of the activities of

15

plaintiffs’ counsel. Izard Nobel LLP shall coordinate all activities and appearances on

16

behalf of plaintiffs and shall be responsible for the dissemination of notices and orders of

17

this Court. Izard Nobel LLP shall make all work assignments in such manner as to

18

facilitate the orderly and efficient prosecution of the consolidated action and to avoid

19

duplicative or unproductive effort. No motion, request for discovery, or other pre-trial or

20

trial proceedings shall be initiated or filed by any plaintiffs except through Izard Nobel

21

LLP. Izard Nobel LLP also shall be available and responsible for communications to and

22

from this Court, including distributing orders and other directions from the Court to

23

counsel. Izard Nobel LLP shall be responsible for creating and maintaining a master

24

service list of all parties and their

25

3. The Court appoints Bramson, Plutzik, Mahler & Birkhaeuser LLP as Interim Plaintiffs

26

Liaison Counsel with respect to the Indirect Purchaser Actions. Bramson, Plutzik, Mahler

27

& Birkhaeuser LLP will serve as a point of contact for defendants’ counsel and take

28

responsibility for communicating between the Court and other counsel (including receiving
3

1

and distributing notices, orders, motions, and briefs on behalf of the group), convening

2

meetings of counsel, advising parties of developments, assisting in the coordination of

3

activities and positions and seeing that schedules are met.

4

4. A Consolidated Complaint of the Indirect Purchaser Actions shall be filed within 45 days

5

of this Order. The Consolidated Complaint shall be deemed the operative complaint,

6

superseding all complaints filed in any of the actions consolidated hereunder.
5. All other dates shall be set at the initial Case Management Conference, which shall occur

8

on January 21, 2014 at 2 p.m. in Courtroom 2. On or before January 14, 2014, the parties

9

shall file a Joint Case Management Conference Statement in accordance with Civil Local

10

Rule 16-9 and the Standing Order for All Judges of the Northern District of California re:

11
United States District Court
Northern District of California

7

Contents of Joint Case Management Statement.

12

6. Subsequent Actions: This Order shall apply to each indirect antitrust case arising out of the

13

same or substantially the same transactions or events as these cases, which is subsequently

14

filed in or transferred to this Court. When a case that properly belongs as part of this

15

litigation is hereafter filed in this Court or transferred here from another court, this Court

16

requests the assistance of counsel in calling to the attention of the clerk of the Court the

17

filing or transfer of any case which might properly be consolidated as part of the

18

Consolidated Action and counsel are to assist in assuring that counsel in subsequent

19

actions receive notice of this Order.

20

IT IS SO ORDERED.

21
22
23

Dated: December 16, 2013
______________________________________
WILLIAM H. ORRICK
United States District Judge

24
25
26
27
28
4