SOLAK v. PASSMAN et al

Filing 21

ORDER granting Motion to Consolidate Cases (ECF No. 12 in 4:16-cv-154; ECF No. 9 in 4:16-cv-170). Lead Case # 4:16-cv-154. Member Case # 4:16-cv-170. in case 4:16-cv-00154-CDL. Ordered by US DISTRICT JUDGE CLAY D LAND on 06/10/2016. (CCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
JOHN SOLAK, on Behalf of
Himself and All Others
Similarly Situated,

*
*

Plaintiff,

*

vs.

*

S. DAVID PASSMAN III, ROLAND C.
SMITH, JEFFREY W BERKMAN, JAMES
A. FLEMING, PATRICIA A. WILSON,
MARK R. BELL, SEAN T. ERWIN,
AMC ENTERTAINMENT HOLDINGS,
INC., and CONGRESS MERGER
SUBSIDIARY, INC.,

*

Defendants.

CASE NO. 4:16-CV-154 (CDL)

*
*
*
*

RAY BASKETTE, individually and
on behalf of all others
similarly situated,
Plaintiff,

*
*
*

vs.

*

JAMES A. FLEMING, ROLAND C.
SMITH, S. DAVID PASSMAN III,
JEFFREY W. BERKMAN, PATRICIA A.
WILSON, MARK R. BELL, SEAN T.
ERWIN, AMC ENTERTAINMENT
HOLDINGS, INC., and CONGRESS
MERGER SUBSIDIARY, INC.,

*

Defendants.

CASE NO. 4:16-CV-170 (CDL)

*
*
*
*

O R D E R
The

Court

has

considered

plaintiffs

John

Solak

and

Ray

Baskette’s Motion for Consolidating Related Actions and Related

Matters

and

the

accompanying

memorandum

thereof.

following

law

in

support

The Court hereby orders:

1.

of

The

related

actions

(“Related

Actions”)

are

hereby consolidated for all purposes, including pre-trial
proceedings and trial (the “Consolidated Action”):
Solak v. Passman, et al., 4:16-cv-00154, filed 4/25/16
Baskette v. Fleming, et al., 4:16-cv-00170, filed 5/10/16
2.

Every pleading filed in the Consolidated Action, or in any
separate action included herein, shall bear the following
caption:
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION

IN RE CARMIKE CINEMAS, INC.
SHAREHOLDER LITIGATION

*

Lead Case No. 4:16-cv-154 (CDL)

*
This document relates to:
ALL ACTIONS
3.

The

docket

entries

(Consolidated with Case No.
4:16-cv-170 (CDL))

*
of

the

Consolidated

Action

shall

be

maintained in one docket under Lead Case No. 4:16-cv-154
(CDL).
4.

Defendants need not respond to any of the complaints filed
in the Related Actions or any other complaint now pending
before, or later filed in, remanded to, or transferred to
this Court which arises out of the same or similar facts
and

allegations

Rather,

the

as

contained

Complaint

for

2

in

the

Violations

Related
of

the

Actions.
Federal

Securities

Laws

and

Breach

of

Fiduciary

Duty

filed

by

plaintiff John Solak on April 25, 2016 (the “Complaint”) in
the

lowest-numbered

action,

is

hereby

deemed

to

be

the

operative complaint in the Consolidated Action and shall
supersede
Related

all

previous

Actions

or

complaints
any

other

filed

in

action

any

of

the

subsequently

consolidated therewith.
5.

Defendants shall respond to the operative complaint by the
later of (a) 60 days from the date of entry of this Order,
or (b) 60 days after the filing of any amended complaint.

6.

Plaintiffs John Solak and Ray Baskette are hereby appointed
interim co-lead plaintiffs.

7.

Robbins Arroyo LLP and Levi & Korsinsky LLP are hereby
appointed

interim

co-lead

counsel

for

plaintiffs

in

the

Consolidated Action.
8.

Johnson

&

Weaver,

LLP

are

hereby

appointed

as

interim

liaison counsel for plaintiffs in the Consolidated Action.

IT IS SO ORDERED, this 10th day of June, 2016.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

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