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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 SOUTHERN DISTRICT OF CALIFORNIA 7 8 9 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) 10 ORDER: GRANTING JOINT MOTION FOR CONSOLIDATION AND APPOINTMENT OF INTERIM CO-LEAD COUNSEL Plaintiffs, 11 vs. 12 13 14 15 16 17 THE DIAL CORPORATION; HENKEL CONSUMER GOODS, INC.; HENKEL CORPORATION; HENKEL OF AMERICA, INC., Defendants. ____________________________________ FRANK ORTEGA, an individual, on behalf of himself, all other similarly situated, and the general public, 18 19 Plaintiffs, vs. 20 21 22 23 THE DIAL CORPORATION; HENKEL CONSUMER GOODS, INC.; HENKEL CORPORATION; HENKEL OF AMERICA, INC., Defendants. 24 25 26 27 28 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. -1- 12cv288; 12cv361 1 (ECF No. 10.) The parties attest that these actions meet the standard for consolidation pursuant to 2 Fed. R. Civ. P. 42, as they share a common question of law or fact. 3 4 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: 5 1. The above-referenced actions shall be consolidated onto a single docket and bear the 6 civil case number of 12-CV-288 JLS (WVG) (the “Consolidated Action”). The 7 Consolidated Action shall bear the name: Margolis, et al. v. The Dial Corporation, et al. 8 2. All future filings in the Consolidated Action shall use the following caption: Margolis, 9 et al. v. the Dial Corporation, et al., and bear the Case No.: 12-CV-288 JLS (WVG). 10 3. Plaintiffs’ counsel, The Law Offices of Ronald A. Marron (including attorney Ronald 11 A. Marron, Esq.) and the Salas Wang LLC (including attorney Jeffrey M. Salas, Esq.), are 12 hereby appointed as Interim Co-Lead Class Counsel. 13 4. Interim Co-Lead Class Counsel shall be responsible for coordinating the activities of 14 Plaintiffs during pretrial proceedings and shall have the sole authority to: 15 a. determine and present (in briefs, oral argument, or such other fashion as may be 16 appropriate, personally or by a designee) to the Court and opposing parties the 17 position of the Plaintiffs on all matters arising during the pretrial proceedings; 18 b. coordinate the initiation and conduct of discovery on behalf of Plaintiffs 19 consistent with the requirements of the Federal Rules; 20 c. conduct settlement negotiations on behalf of Plaintiffs and the putative class; 21 d. delegate specific tasks to other counsel in a manner to ensure that pretrial 22 preparation for the Plaintiffs is conducted efficiently and effectively; 23 e. enter into stipulations with opposing counsel as necessary for the conduct of the 24 litigation; 25 f. monitor the activities of all counsel to ensure that schedules are met and 26 unnecessary expenditures of time and funds are avoided; 27 g. perform such other duties as may be incidental to the proper coordination of 28 Plaintiffs’ pretrial activities or authorized by further order of the Court. -2- 12cv288; 12cv361 1 5. Plaintiffs’ counsel shall file a Consolidated Amended Complaint within 30 days of this 2 Order. Defendants are not required to respond to the original complaints filed in these 3 actions. 4 IT IS SO ORDERED. 5 6 7 8 DATED: March 1, 2012 Honorable Janis L. Sammartino United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- 12cv288; 12cv361

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