Margolis, et al v. The Dial Corporation et al

Filing 14

ORDER granting 10 Joint Motion to Consolidate Cases and Appointment of Interim Co-Lead Counsel: Plaintiffs' counsel shall file a Consolidated Amended Complaint within 30 days of this Order. Signed by Judge Janis L. Sammartino on 3/1/12. (All non-registered users served via U.S. Mail Service)(lmt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ROBERT A. MARGOLIS, an individual, on
behalf of himself, all others similarly situated,
and the general public,

CASE NOS. 12-CV-288 JLS (WVG)
and 12-CV-361 JLS (WVG)

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ORDER: GRANTING JOINT
MOTION FOR CONSOLIDATION
AND APPOINTMENT OF
INTERIM CO-LEAD COUNSEL

Plaintiffs,
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vs.

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THE DIAL CORPORATION; HENKEL
CONSUMER GOODS, INC.; HENKEL
CORPORATION; HENKEL OF AMERICA,
INC.,
Defendants.
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FRANK ORTEGA, an individual, on behalf
of himself, all other similarly situated, and
the general public,

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Plaintiffs,
vs.

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THE DIAL CORPORATION; HENKEL
CONSUMER GOODS, INC.; HENKEL
CORPORATION; HENKEL OF AMERICA,
INC.,
Defendants.

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Presently before the Court are two related cases, Margolis v. The Dial Corporation, et al.,
Case No. 12-CV-288 JLS (WVG), and Ortega v. The Dial Corporation, et al., Case No. 12-CV361 JLS (WVG). Plaintiffs Robert A. Margolis and Frank Ortega, along with Defendant The Dial
Corporation, bring this joint motion to consolidate cases and appoint interim co-lead counsel.

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12cv288; 12cv361

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(ECF No. 10.) The parties attest that these actions meet the standard for consolidation pursuant to

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Fed. R. Civ. P. 42, as they share a common question of law or fact.

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Upon consideration of the foregoing motion, the papers submitted in support, and good
cause appearing, IT IS HEREBY ORDERED that the motion is GRANTED as follows:

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1. The above-referenced actions shall be consolidated onto a single docket and bear the

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civil case number of 12-CV-288 JLS (WVG) (the “Consolidated Action”). The

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Consolidated Action shall bear the name: Margolis, et al. v. The Dial Corporation, et al.

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2. All future filings in the Consolidated Action shall use the following caption: Margolis,

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et al. v. the Dial Corporation, et al., and bear the Case No.: 12-CV-288 JLS (WVG).

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3. Plaintiffs’ counsel, The Law Offices of Ronald A. Marron (including attorney Ronald

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A. Marron, Esq.) and the Salas Wang LLC (including attorney Jeffrey M. Salas, Esq.), are

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hereby appointed as Interim Co-Lead Class Counsel.

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4. Interim Co-Lead Class Counsel shall be responsible for coordinating the activities of

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Plaintiffs during pretrial proceedings and shall have the sole authority to:

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a. determine and present (in briefs, oral argument, or such other fashion as may be

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appropriate, personally or by a designee) to the Court and opposing parties the

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position of the Plaintiffs on all matters arising during the pretrial proceedings;

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b. coordinate the initiation and conduct of discovery on behalf of Plaintiffs

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consistent with the requirements of the Federal Rules;

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c. conduct settlement negotiations on behalf of Plaintiffs and the putative class;

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d. delegate specific tasks to other counsel in a manner to ensure that pretrial

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preparation for the Plaintiffs is conducted efficiently and effectively;

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e. enter into stipulations with opposing counsel as necessary for the conduct of the

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litigation;

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f. monitor the activities of all counsel to ensure that schedules are met and

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unnecessary expenditures of time and funds are avoided;

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g. perform such other duties as may be incidental to the proper coordination of

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Plaintiffs’ pretrial activities or authorized by further order of the Court.
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12cv288; 12cv361

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5. Plaintiffs’ counsel shall file a Consolidated Amended Complaint within 30 days of this

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Order. Defendants are not required to respond to the original complaints filed in these

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actions.

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IT IS SO ORDERED.

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DATED: March 1, 2012
Honorable Janis L. Sammartino
United States District Judge

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12cv288; 12cv361