In Re: Webloyalty.com, Inc., Marketing and Sales Practices Litigation

Filing 48

In Re: Webloyalty.com, Inc., Marketing and Sales Practices Litigation

Doc. 48

Case 1:07-md-01820-JLT

Document 48

Filed 05/24/2007

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS IN RE WEBLOYALTY.COM, INC. MARKETING AND SALES PRACTICES LITIGATION MDL No. 07-01820 Lead Case: 06-11620-JLT

PLAINTIFFS' MOTION FOR LEAVE TO FILE CONSOLIDATED AMENDED COMPLAINT Plaintiffs hereby respectfully request that the Court grant Plaintiffs' leave to file a Consolidated Amended Complaint (the "Consolidated Complaint"), a copy of which is attached hereto as Exhibit "A," and in support thereof, state as follows: On March 21, 2007, the Court ordered the consolidation of four related actions underlying In Re Webloyalty.com, Inc. Marketing and Sales Practices Litigation. As

underscored by the Judicial Panel on Multidistrict Litigation's centralization and transfer of these actions under 28 U.S.C. § 1407, there are common issues of fact and law among the actions that comprise this litigation. A consolidated complaint is a common and effective device for Operating under a master pleading will bring added

managing multidistrict litigation.

efficiencies to this litigation, reducing unnecessary costs and delays. In addition, the Consolidated Complaint was not delayed in that it responds to the Court's recent consolidation Order of March 21, 2007, and Plaintiffs have moved promptly in accordance with the Court's April 24, 2007 Order. Defendants will not be prejudiced by the filing of the Consolidated Complaint because this litigation is in its early stages ­ no discovery has taken place and this Court only recently consolidated these actions. Rules 15(a) and 42(a) of the Federal Rules of Civil Procedure, together, provide broad authority for the Court to grant permit Plaintiffs to file the Consolidated Complaint. For these reasons, and the reasons more fully articulated in the accompanying 1
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Case 1:07-md-01820-JLT

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memorandum of law, Plaintiffs respectfully request that the Court grant this Motion and permit them to file the Consolidated Complaint. Dated: May 24, 2007 Respectfully submitted, LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP DAVID J. GEORGE STUART A. DAVIDSON 197 South Federal Highway, Suite 200 Boca Raton, FL 33432 Telephone: [phone] (fax) /s/ David J. George DAVID J. GEORGE Proposed Co-Lead Counsel for Plaintiffs and the Class PHILLIPS & GARCIA, LLP CARLIN J. PHILLIPS ANDREW J. GARCIA 13 Ventura Drive North Dartmouth, MA 02747 Telephone: [phone] (fax) Proposed Liaison Counsel for Plaintiffs and the Class WEXLER TORISEVA WALLACE LLP MARK J. TAMBLYN 1610 Arden Way, Suite 290 Sacramento, California 95815 Telephone: [phone] (fax)

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WEXLER TORISEVA WALLACE LLP KENNETH A. WEXLER MARK R. MILLER One North LaSalle St., Suite 2000 Chicago, Illinois 60602 Telephone: [phone] (fax) Proposed Co-Lead Counsel for Plaintiffs and the Class LEE & AMTZIS, P.L. ERIC A. LEE GINA GREENWALD 5550 Glades Road, Suite 401 Boca Raton, FL 33431 Telephone: [phone] (fax) McCALLUM HOAGLUND COOK & IRBY LLP CHARLES M. MCCALLUM R. BRENT IRBY 2062 Columbiana Road Vestavia Hills, Alabama 35216 Telephone: [phone] (fax) GREEN WELLING LLP ROBERT S. GREEN CHARLES D. MARSHALL 595 Market Street, Suite 2750 San Francisco, California 94105 Telephone: [phone] (fax) Counsel for Plaintiffs

LOCAL RULE 7.1(a)(2) CERTIFICATION I, David J. George, hereby certify that plaintiffs' counsel have conferred with counsel for the defendants and attempted in good faith to resolve or narrow the issues discussed in this motion and that we were unable to do so. /s/ David J. George

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CERTIFICATE OF SERVICE I, David J. George, hereby certify that a true and accurate copy of the above document has been filed and served through the Court's electronic filing system, this 24th day of May, 2007. /s/ David J. George

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