O'Bannon, Jr. v. National Collegiate Athletic Association et al

Filing 76

MOTION to Appoint Lead Counsel filed by Edward C. O'Bannon, Jr.. Motion Hearing set for 10/22/2009 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Attachments: #1 Affidavit, #2 Affidavit, #3 Proposed Order)(King, Jon) (Filed on 9/16/2009) Modified on 9/17/2009 (cp, COURT STAFF).

O'Bannon, Jr. v. National Collegiate Athletic Association et al

Doc. 76 Att. 3

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Robert B. Carey (pro hac vice) Leonard W. Aragon (pro hac vice) HAGENS BERMAN SOBOL SHAPIRO LLP 2425 East Camelback Road, Suite 650 Phoenix, Arizona 85016 Tel: [phone] Fax: [phone] Email: [e-mail] [e-mail] Counsel for Plaintiffs in Keller Action Michael P. Lehmann (Cal. Bar No. 77152) Jon T. King (Cal. Bar No. 205073) Arthur N. Bailey, Jr. (Cal. Bar No. 248460) HAUSFELD LLP 44 Montgomery Street, 34th Floor San Francisco, CA 94104 Tel: [phone] Fax: [phone] Email: [e-mail] [e-mail] [e-mail] Counsel for Plaintiffs in O'Bannon Action [Additional counsel listed on signature page]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAMUEL MICHAEL KELLER, on behalf of himself and all others similarly situated, Plaintiff, v. ELECTRONIC ARTS, INC., NATIONAL COLLEGIATE ATHLETICS ASSOCIATION; COLLEGIATE LICENSING COMPANY, Defendants. Case No. CV 09 1967 (CW) [PROPOSED] ORDER GRANTING PLAINTIFFS SAMUEL MICHAEL KELLER'S AND EDWARD C. O'BANNON, JR.'S JOINT NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF INTERIM CO-LEAD COUNSEL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 23(g)(3) Date: October 22, 2009 Time: 2:00 p.m. Judge: The Hon. Claudia Wilken Courtroom: 2, 4th Floor

[PROPOSED] ORDER Case Nos. CV 09 1967 (CW) ; CV 09-3329 (CW)

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Dockets.Justia.com

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EDWARD C. O'BANNON, JR., on behalf of himself and all others similarly situated, Plaintiff, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION (a/k/a the "NCAA"); and COLLEGIATE LICENSING COMPANY (a/k/a "CLC"), Defendants.

Case No. CV 09-3329 (CW)

Judge: Hon. Claudia Wilken

This matter comes before the Court on Plaintiffs Samuel Michael Keller's and Edward C. O'Bannon, Jr.'s Joint Motion for Appointment of Interim Co-Lead Counsel Pursuant to Federal Rule of Civil Procedure 23(g)(3). Upon consideration of the foregoing motion, the papers submitted in support and opposition thereto, and good cause appearing, IT IS HEREBY ORDERED that Plaintiff's motion is GRANTED as follows: The Court appoints the law firms of Hagens Berman Sobol Shapiro LLP and Hausfeld LLP as Interim Co-Lead Class Counsel for the present actions, as well as for any additional actions that are consolidated with these cases. Interim Co-Lead Class Counsel shall be responsible for the overall conduct of the litigation on behalf of the class plaintiffs. Interim CoLead Class Counsel shall have the following responsibilities with respect to this litigation on behalf of the class plaintiffs: 1. To coordinate and make work assignments among themselves and other plaintiffs' counsel to promote efficient prosecution of this litigation and to avoid duplication of work; 2. To initiate and conduct all discovery proceedings and communicate with Defendants' counsel with respect to same on all issues related to the class plaintiffs;

[PROPOSED] ORDER

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Case Nos. CV 09 1967 (CW) ; CV 09-3329 (CW)

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3. To coordinate all motions, requests for discovery, expert work and other pretrial proceedings regarding the position of all the class plaintiffs. No motion, request for discovery, or other pretrial proceedings in this litigation shall be initiated or filed by any class member except through Interim Co-Lead Class Counsel; 4. To meet with defense counsel with respect to settlement and other matters on behalf of class plaintiffs; 5. To record and administer all time and expenses of counsel and staff in these and any consolidated class action cases on a form set forth by Interim Co-Lead Class Counsel on a monthly basis or on such other schedule as may be established. Failure to maintain and timely submit such records will be considered in any fee allocation and may constitute grounds for denying court-awarded attorneys' fees; 6. To assess plaintiffs' law firms' common litigation costs and to collect assessments on a regular basis; and 7. To allocate any award of attorneys' fees among plaintiffs' counsel. IT IS SO ORDERED. DATED: ________________ ____________________________________ HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT COURT JUDGE

[PROPOSED] ORDER

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Case Nos. CV 09 1967 (CW) ; CV 09-3329 (CW)