VIVIAN OH REVOCABLE TRUST v. ENDOCYTE, INC. et al

Filing 47

Mr. Vuyyuru's Motion under Case No. 1:14-cv-01162-TWP-MJD (Filing No. 24 ) is GRANTED as to the motion to consolidate. The Clerk shall administratively close Case No. 1:14-cv- 01162-TWP-MJD. All future filings shall be made in Case No. 1:14- cv- 01048-TWP- MJD and the caption shall read: Gopichand Vallabhaneni, on Behalf of Himself and All Others Similarly Situated, plaintiff vs. Endocyte, Inc. and P. Ron Ellis, Defendants. Signed by Judge Tanya Walton Pratt on 9/22/2014. (MGG) Modified on 9/23/2014 (MGG).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
TONY NGUYEN, On Behalf of Himself and All
Others Similarly Situated,
Plaintiff,
v.
ENDOCYTE, INC. and P. RON ELLIS,
Defendants.
_______________________________________
VIVIAN OH REVOCABLE TRUST, On Behalf
of Himself and All Others Similarly Situated,
Plaintiff,
v.
ENDOCYTE, INC. and P. RON ELLIS,
Defendants.

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Case No. 1:14-cv-01048-TWP-MJD
CLASS ACTION

Case No. 1:14-cv-01162-TWP-MJD

ORDER CONSOLIDATING RELATED ACTIONS AND APPOINTING
LEAD PLAINIFF AND LEAD COUNSEL
This matter is before the Court on Motions to Consolidate Related Actions, Appoint Lead
Plaintiff, and Approve Lead Plaintiff’s Selection of Counsel, filed as follows: in Case No. 1:14cv-01048- TWP-MJD, Movant Ho Wing Sit (Filing No. 13), Endocyte Investors Group (Filing
No. 25), Vijay Vuyyuru (Filing No. 28), and Gopichand Vallabhaneni (Filing No. 33) and under
Case No. 1:14-cv-01162-TWP-MJD Vijay Vuyyuru (Filing No. 24). Defendants concur that
consolidation is proper (Filing No. 66). For the reasons stated below the Motions to Consolidate,
Appoint Lead Plaintiff and Approve Lead Plaintiff’s Selection of Counsel filed by Gopichand
Vallabhaneni are GRANTED.

Federal Rule of Civil Procedure 42(a) provides that a court may order all actions
consolidated if they involve “common issues of law or fact.” The Securities Class Actions herein
involve common legal and factual issues; thus, efficiency and consistency will result from their
consolidation. The PSLRA provides, inter alia, that the most-adequate plaintiff to serve as lead
plaintiff is the person or group of persons that has either filed a complaint or has made a motion in
response to a notice and has the largest financial interest in the relief sought by the Class and
satisfied the requirement of Fed. R. Civ. P. 23. Title 15 U.S.C. § 78u-4(a)(3)(B) provides, inter
alia, that as soon as practicable after the decision on consolidation is rendered, the Court shall
appoint the most adequate plaintiff as lead plaintiff for the consolidated actions.
Subsequent to filing their individual motions, all competing movants have conceded that
the lead Plaintiff should be Mr. Vallabhaneni. The Court finds that Gopichand Vallabhaneni has
the largest financial interest in the relief sought by the Class and he is therefore appointed lead
Plaintiff and the Court approves his choice of counsel.
IT IS HEREBY ORDERED THAT:
The above-captioned related actions are consolidated for all purposes including, but not
limited to, discovery, pretrial proceedings and trial pursuant to Fed. R. Civ. P. 42(a). Gopichand
Vallabhaneni’s choice of counsel, the law firm of Kahn Swick & Foti, LLC and Brattain Minnix
Garcia as Liaison Counsel for Plaintiffs is approved.
Under Case No. 1:14-cv-01048-TWP-MJD, Movant’s Ho Wing Sit (Filing No.
13), Endocyte Investors Group (Filing No. 25), and Vijay Vuyyuru (Filing No. 28)
Motions are DENIED and Mr. Vallabhaneni’s Motion (Filing No. 33) is GRANTED. Further,
Mr. Vuyyuru’s Motion under Case No. 1:14-cv-01162-TWP-MJD (Filing No. 24) is GRANTED
as to the motion to consolidate.
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The Clerk is Ordered to consolidate Case No. 1:14-cv-01162-TWP-MJD with and under
Case No. 1:14-cv-01048-TWP-MJD. The Clerk shall administratively close Case No. 1:14-cv01162-TWP-MJD. All future filings shall be made in Case No. 1:14-cv-01048-TWP- MJD and
the caption shall read: Gopichand Vallabhaneni, on Behalf of Himself and All Others Similarly
Situated, plaintiff vs. Endocyte, Inc. and P. Ron Ellis, Defendants.

Date: 9/22/2014
________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana

DISTRIBUTION:
Richard Blaiklock
LEWIS WAGNER LLP
[e-mail]
Angela M. Liu
DECHERT LLP
[e-mail]
Carl E. Volz
DECHERT LLP
[e-mail]
Christopher G. Scanlon
FAEGRE BAKER DANIELS – Indianapolis
[e-mail]
Daniel E. Pulliam
FAEGRE BAKER DANIELS – Indianapolis
[e-mail]
David H. Kistenbroker
DECHERT LLP
[e-mail]
Paul A. Wolfa
FAEGRE BAKER DANIELS – Indianapolis
[e-mail]
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