Swanson v. Weil et al

Filing 7

ORDER of Consolidation. ORDERED that Plaintiff Mitchell Pinslys Unopposed Motion to Consolildate Related Actions and for Appointment of Lead and Liaison Counsel is GRANTED to the extent it requests consolidation and DEFERRED to the extent it asks for Appointment of Lead and Liaison Counsel ORDERED that as of the date of this Order, all pleadings and other filings shall be filed in the earlier numbered case, 11-cv-01732, using the caption appearing in this Order. ORDERED that Civil Action No. 11 -cv-02142 shall hereafter be referred to the magistrate judge assigned to the lowest case, in this case Magistrate Judge Boland. ORDERED that the Clerk of Court shall docket this Order in Case No. 11-cv-02142. ORDERED that the later filed case shall hereafter be designated as Civil Action No. 11-cv-02142-WYD-BNB by Chief Judge Wiley Y. Daniel on 09/13/11.(jjh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Wiley Y. Daniel
Civil Action No. 11-cv-01732-WYD-BNB
MITCHELL PINSLY, derivatively on behalf of JANUS CAPITAL GROUP, INC.,
Plaintiff,
v.
STEVEN L. SCHEID, et al.,
Defendants.
and
JANUS CAPITAL GROUP, INC,
Nominal Defendant.
_________________________________________________________________
Consolidated with
Civil Action No. 11-cv-02142-WYD-BNB
CHARLES D. SWANSON, derivatively on behalf of JANUS CAPITAL GROUP, INC.,
Plaintiff,
v.
RICHARD M. WEIL, et al.,
Defendants,
and
JANUS CAPITAL GROUP, INC,
Nominal Defendant.

ORDER OF CONSOLIDATION
THIS MATTER is before the Court on Plaintiff Mitchell Pinsly’s Unopposed
Motion to Consolidate Related Actions and for Appointment of Lead and Liaison
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Counsel filed September 8, 2011. The motion seeks to consolidate Civil Action No. 11cv-02142-CMA-KLM with the case pending before me, Civil Action No. 11-cv-01732WYD-BNB pursuant to Fed. R. Civ. P. 42(a) and D.C.COLO.LCivR 42.1. Because the
lowest numbered case is assigned to me, I must decide whether consolidation is
appropriate pursuant to Local Rule 42.1.
Fed. R. Civ. P. 42(a) states that “[w]hen actions involving a common question of
law or fact are pending before the court, it may order a joint hearing or trial of any or all
the matters in issue in the action; it may order all the actions consolidated; and it may
make such orders concerning proceedings therein as may tend to avoid unnecessary
costs or delay.” Consolidation is within the discretion of the trial court. Gillette Motor
Transport v. N. Okla. Butane Co., 179 F.2d 711, 712 (10th Cir. 1950).
Upon review of the files in these cases, I find that the two cases involve common
questions of law and fact and should be consolidated. Both cases are shareholder
derivative actions filed on behalf of Janus Capital Group, Inc. against certain of the Company’s
current and former officers and directors related to the same facts. Both actions present
substantially identical issues and relate to whether Janus’ directors and certain senior officers
breached their fiduciary obligations to the Company and its stockholders.
I now turn to the request in the motion that the Weiser Law Firm, P.C. be appointed as
Plaintiffs’ lead counsel and the Shuman Law Firm as Liaison Counsel. Plaintiff asserts that a
court which has consolidated actions may, at its discretion, appoint Lead Counsel (and Liaison
Counsel) to prosecute the consolidated cases. The motion represents that this request is

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unopposed in Case No. 11-cv-01732 and opposed in 11-cv-02142. I defer ruling on this
issue until the matter has been fully briefed.
Based on the foregoing, it is
ORDERED that Plaintiff Mitchell Pinsly’s Unopposed Motion to Consolildate
Related Actions and for Appointment of Lead and Liaison Counsel (ECF No. 27) is
GRANTED to the extent it requests consolidation and DEFERRED to the extent it asks
for Appointment of Lead and Liaison Counsel. In accordance therewith, it is
ORDERED that Swanson v. Weil, et al., Civil Action No. 11-cv-02142-CMA-KLM
shall be assigned to me and consolidated with this case for all further purposes. It is
FURTHER ORDERED that as of the date of this Order, all pleadings and other
filings shall be filed in the earlier numbered case, 11-cv-01732, using the caption
appearing in this Order. It is
FURTHER ORDERED that Civil Action No. 11-cv-02142 shall hereafter be
referred to the magistrate judge assigned to the lowest case, in this case Magistrate
Judge Boland. It is
FURTHER ORDERED that the Clerk of Court shall docket this Order in Case No.
11-cv-02142. Finally, it is
ORDERED that the later filed case shall hereafter be designated as Civil Action
No. 11-cv-02142-WYD-BNB.

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Dated: September 13, 2011
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Chief United States District Judge

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