Abrams et al v. U.S. Bank, National Association et al

Filing 81

ORDER adopting Report and Recommendation 78 . (Written Opinion) Signed by Judge Joan N. Ericksen on March 4, 2014. (CBC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Adetayo Adedipe et al.,
Plaintiffs,
v.

Civil No. 13-2687 (JNE/JJK)

U.S. Bank, National Association et al.,
Defendants.
ORDER
Shelly Abrams et al.,
Plaintiffs,
v.

Civil No. 13-2944 (JNE/JJK)

U.S. Bank, National Association et al.,
Defendants.
These cases are before the Court on a Report and Recommendation issued by the
Honorable Jeffrey J. Keyes, United States Magistrate Judge, on February 4, 2014. No
objection to the Report and Recommendation has been made. The Court has conducted a
de novo review of the record. See D. Minn. LR 72.2(b). Based on that review, the Court
accepts the recommendation. Therefore, IT IS ORDERED THAT:
1.

Plaintiff Adetayo Adedipe’s Motion to Consolidate ERISA Actions and to
Appoint Interim Lead Plaintiff and Interim Co-Lead Counsel [Civil No. 132687, Docket No. 19; Civil No. 13-2944, Docket No. 15] is GRANTED.
The Adedipe case and the Abrams case shall be consolidated; named
plaintiffs Adetayo Adedipe, James J. Thole, Marlene Jackson, and Sherry
Smith are appointed interim lead plaintiffs; and Cohen Milstein Sellers &
Toll PLLC and Zimmerman Reed, PLLP, are appointed interim co-lead
counsel.

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2.

The Abrams Plaintiffs’ Motion to Consolidate ERISA Actions and Appoint
Interim Lead Plaintiffs and Interim Lead Counsel [Civil No. 13-2687,
Docket No. 30; Civil No. 13-2944, Docket No. 27] is GRANTED IN PART
and DENIED IN PART. The Abrams Plaintiffs’ motion to consolidate
ERISA actions is granted and the motion to appoint interim lead plaintiffs
and lead counsel is denied.

3.

Interim co-lead counsel shall promptly review and consider the operative
complaints in the Adedipe case and the Abrams case, determine whether a
consolidated amended complaint is necessary, and serve and file a
consolidated amended complaint if deemed appropriate. Such a
consolidated amended complaint may be filed as a matter of course and
without a motion.

4.

Interim co-lead counsel shall maintain itemized and detailed time records
and categorize time records chronologically by discrete event/activity as
well as by attorney. If an event or activity takes place for the benefit of the
class, the time entry shall describe the event or activity, and list the names
of all persons who participated, the time spent by each person, and the
requested billable rate that each person seeks to charge.

Dated: March 4, 2014
s/Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge

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