McKinley v. Doxim, Inc.
Filing
14
ORDER Granting Plaintiffs' Motion to Consolidate Cases and Appoint Interim Co-Counsel. Signed by District Judge Terrence G. Berg. (JHea)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
JONATHAN MCKINLEY,
individually and on behalf of and
all others similarly situated,
Case No. 2:24-CV-11550-TGB-CI
Hon. Terrence G. Berg
Plaintiff,
CLASS ACTION
v.
DOXIM, INC.,
JURY TRIAL DEMANDED
Defendant.
BRUCE NAROLIS, individually and
on behalf of and all others similarly
situated,
Plaintiff,
v.
DOXIM, INC.,
Case No. 2:24-cv-11587-TGB-CI
Hon. Terrence G. Berg
CLASS ACTION
JURY TRIAL DEMANDED
Defendant.
ROSE MCNICHOLS, individually and Case No. 2:24-CV-11599-TGB-CI
on behalf of and all others similarly
Hon. Terrence G. Berg
situated,
Plaintiff,
CLASS ACTION
v.
DOXIM, INC. and ST. LOUIS
COMMUNITY CREDIT UNION,
Defendants.
JURY TRIAL DEMANDED
ORDER GRANTING PLAINTIFFS’ MOTION TO
CONSOLDIATE CASES AND APPOINT INTERIM COCOUNSEL (ECF No. 5)
The Court has reviewed Plaintiffs’ Motion to Consolidate Cases
and Appoint Interim Co-Lead Counsel submitted by Plaintiffs Jonathan
McKinley, Bruce Narolis, and Rose McNichols, as well as the
accompanying exhibits. ECF No. 5. Defendant Doxim, Inc. filed a
concurrent in part with Plaintiffs’ motion, concurring with Plaintiffs’
request to consolidate the above-referenced matter and Related Cases,
and taking no position in regard to Plaintiffs’ request relating to the
appointment of Interim Lead Counsel. ECF No. 9.
The Court finds that consolidation and appointment of interim colead class counsel in this proposed class action will promote judicial
efficiency and orderly case management while avoiding unnecessary
cost and delay.
Therefore, IT IS ORDERED that the Motion is GRANTED as
set forth below:
1.
Pursuant to Fed. R. Civ. P. 42(a), the Court hereby
consolidates McKinley v. Doxim, Inc., No. 2:24-cv-11550 (filed June 13,
2024); Narolis v. Doxim, Inc., No. 2:24-cv-11587 (filed June 18, 2024);
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and McNichols v. Doxim, Inc., No. 2:24-cv-11599 (filed June 19, 2024),
under the new title “In re Doxim, Inc. Data Security Incident Litigation”
(each a “Related Action” and together the “Consolidated Action”).
2.
No further filings shall be made in Narolis v. Doxim, Inc.,
No. 2:24-cv-11587 or McNichols v. Doxim, Inc., No. 2:24-cv-11599,
which shall both be administratively closed. All pleadings therein
maintain their legal relevance until the filing of the Consolidated
Complaint. The Consolidated Complaint shall be filed within the next
45 days, as further set forth below. This Order shall apply to any
subsequently filed putative class action alleging the same or
substantially similar allegations.
3.
All papers previously filed and served to date in the
Related Actions are deemed part of the record in the Consolidated
Action.
4.
Defendants shall file a Notice of Related Case whenever a
case that should be consolidated into this action is filed in, or
transferred to, this District. If any party objects to such consolidation or
otherwise wishes to seek alternative relief, they shall do so within ten
(10) calendar days. If the Court determines that the case is related, the
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clerk shall:
a.
Place a copy of this Order in the separate docket for such
action;
b.
Serve on plaintiff’s counsel in the new case a copy of this
Order;
c.
Direct this Order to be served upon any additional
defendant(s) in the new case; and
d.
Make the appropriate entry on the Master Docket.
5.
The Court shall enter a scheduling order for further pretrial
proceedings as soon as is reasonably practicable.
6.
Plaintiffs in the Consolidated Action shall file an operative
Consolidated Complaint within 45 days of the date of this Order.
Defendants shall have 45 days from the date on which Plaintiffs file the
Consolidated Complaint to file a response thereto. In the event that any
Defendant’s response is a motion to dismiss, Plaintiffs shall have 30
days to file their opposition brief, and that Defendant shall have 21 days
to file a reply brief.
IT
IS
FURTHER
ORDERED
that,
having
given
due
consideration to the relevant factors set forth in Rule 23(g)(1) and (4),
including, without limitation, Rule 23(g)(1)(A)(i)-(iv), and finding that
the proposed counsel meet the adequacy requirements thereunder, the
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following are appointed and shall serve as overall Plaintiffs’ Interim
Co-Lead Counsel, in accordance with Federal Rule of Civil Procedure
23(g)(3):
1.
2.
3.
4.
E. Powell Miller of The Miller Law Firm;
Mariya Weekes of Milberg Coleman Bryson Phillips
Grossman PLLC;
Bryan L. Bleichner of Chestnut Cambronne PA;
Jeff Ostrow of Kopelowitz Ostrow P.A.
Plaintiffs’ Interim Co-Lead Counsel will be responsible for and
have plenary authority to prosecute any and all claims of Plaintiffs and
the putative class and to provide general supervision of the activities of
Plaintiffs’ counsel in the Consolidated Action. Specifically, Interim CoLead Counsel shall have the following responsibilities, duties, and sole
authority to:
a.
Draft and file the master consolidated complaint, and have
final authority regarding what claims and parties are to be
included;
b.
Determine and present in pleadings, briefs, motions, oral
argument,
or
such
other
fashion
as
may
be
appropriate, personally or by a designee, to the Court and
opposing parties the position of Plaintiffs and the putative
class on matters arising during the pretrial proceedings;
c.
Coordinate and conduct discovery on behalf of Plaintiffs and
the putative class consistent with the requirements of the
Federal Rules of Civil Procedure and the Local Rules of the
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United States District Court for the Eastern District of
Michigan;
d.
Consult with
witnesses;
and
employ
e.
Draft and file a motion for class certification on behalf of
Plaintiffs and the putative class;
f.
Conduct all pre-trial proceedings on behalf of Plaintiffs and
the putative class;
g.
Enter into stipulations and agreements with Defendant;
h.
Sign all papers filed on behalf of Plaintiffs and the putative
class;
i.
Convene meetings of all Plaintiffs’ counsel, as necessary;
j.
Form task-specific subcommittees of Plaintiffs’ counsel, as
appropriate;
k.
Conduct settlement negotiations with Defendant;
l.
Maintain an up-to-date service list of all Plaintiffs’ counsel
for all consolidated cases, and promptly advise the Court
and Defendant’s counsel of changes thereto;
m.
Receive and distribute to Plaintiffs’ counsel, as appropriate,
discovery, pleadings correspondence, and other documents
from Defendant’s counsel or the Court that are not
electronically filed;
n.
Appear at Court-noticed status conferences and hearings;
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consultants
and/or
expert
o.
Be the contact persons for all Plaintiffs’ counsel and as the
attorneys of record with whom the Court will be dealing
throughout the course of the litigation;
p.
Delegate specific tasks to other Plaintiffs’ counsel in a
manner to avoid duplicative efforts and ensure that pretrial
preparation for Plaintiffs and the putative class is conducted
effectively, efficiently, and economically;
q.
Otherwise coordinate the work of all Plaintiffs’ counsel, and
perform such other duties as the Interim Co-Lead Counsel
deem necessary to advance the litigation or as authorized by
further Order of the Court;
r.
Maintain and collect time and expense records for work
performed, time billed, costs incurred and other
disbursements made by Plaintiffs’ counsel whose work
Interim Co-Lead Counsel has specifically authorized, and
submit at the Court’s request, in writing, ex parte and in
camera reports to the Court regarding time billed in the
prosecution of this action. At such time as may be
appropriate, Co-Lead Counsel will also recommend
appointment and allocation of fees and expenses subject to
court approval;
s.
Fund the necessary and appropriate costs of discovery and
other common benefit efforts; and
t.
Perform such other functions as necessary to effectuate
these responsibilities or as may be expressly authorized by
further Order of the Court.
It is the Court’s intent that, as to all matters common to these
coordinated cases, and to the fullest extent consistent with the
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independent fiduciary obligations owed by any and all Plaintiffs’ counsel
to their clients and any putative class, pretrial proceedings shall be
conducted by and through Co-Lead Interim Counsel.
IT IS FURTHER ORDERED that all other Plaintiffs’ counsel
who are or may become involved in the Consolidated Action are
prohibited from taking any action on behalf of the putative class in this
Consolidated Action without advance authorization from Interim CoLead Counsel, except for an application to modify or be relieved from
this Order.
IT IS FURTHER ORDERED that the mere communication of
otherwise privileged information among and between Plaintiffs’ counsel
shall not be deemed a waiver of the attorney-client privilege or the
attorney work product immunity, as the Court recognizes that
cooperation by and among counsel is essential for the orderly and
expeditious resolution of this litigation.
IT IS FURTHER ORDERED that counsel for all parties are
directed to cooperate with one another, wherever possible, to promote
the expeditious handling of pre-trial proceedings in the Consolidated
Action, and to conduct themselves in a manner consistent with the
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Local Rules of the United States District Court for the Eastern District
of Michigan.
It is hereby ORDERED that this Order shall apply to any action
filed in, transferred to, or removed to this Court which relates to the
subject matter at issue in this case.
IT IS SO ORDERED.
Dated: October 24, 2024
/s/Terrence G. Berg
HON. TERRENCE G. BERG
UNITED STATES DISTRICT
J
U
D
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