Grasle v. Mercy Health et al

Filing 47

MEMORANDUM AND ORDER (See Full Order for Complete Details) IT IS HEREBY ORDERED that plaintiff Gene Grasle's Motion for Entry of Pretrial Order Appointing Kessler Topaz Meltzer & Check, LLP and Izard Kindall & Raabe LLP as Interim Co-Lead Cla ss Counsel, and Appointing Dysart Taylor Cotter McMonigle & Montemore, P.C. as Interim Liaison Class Counsel [ECF 31 in 4:16CV651; ECF 69 in 4:16CV923] is DENIED. IT IS FURTHER ORDERED that plaintiff Sally Sanzone's Motion to Appoint Interim Lead Plaintiff and Appoint Interim Co-Lead Counsel [ECF 35 in 4:16CV651; ECF 76 in 4:16CV923] is GRANTED to the extent it requests that Ron Kilgard of Keller Rohrback L.L.P. and Karen L. Handorf of Cohen Milstein Sellers & Toll, PLLC, be appoint ed as interim co-lead counsel, and that counsel from Schuchat Cook & Werner be appointed as interim liaison counsel. To the extent Sanzone requests that she be appointed as interim lead plaintiff, the motion is DENIED WITHOUT PREJUDICE. The parties may address this issue in their joint proposed scheduling plan and at the scheduling conference. Signed by District Judge Catherine D. Perry on 8/4/16. (EAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GENE GRASLE, et al.,
Plaintiffs,
vs.
MERCY HEALTH, et al.,
Defendants.

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Case No. 4:16 CV 651 CDP

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SALLY SANZONE, et al.,
Plaintiffs,
vs.
MERCY HEALTH, et al.,
Defendants.

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Case No. 4:16 CV 923 CDP

MEMORANDUM AND ORDER
I have reviewed the briefs and information submitted by the party plaintiffs
in support of their respective positions on the appointment of interim lead counsel
in this action. Having fully considered each plaintiff’s position, I conclude that
both counsel groups are adequate but that Ron Kilgard of Keller Rohrback L.L.P.
and Karen L. Handorf of Cohen Milstein Sellers & Toll, PLLC, are best able to
represent the interests of the class. Fed. R. Civ. P. 23(g)(2).

With respect to the appointment of interim liaison counsel, plaintiff Sanzone
requests in her motion that Rhona S. Lyons of Schuchat Cook & Werner be
appointed, and attorney Lyons submitted an affidavit attesting to her ability to act
in this capacity. I note, however, that plaintiff Sanzone also submitted the affidavit
of James I. Singer – also of Schuchat Cook & Werner – attesting to his ability to
meet the responsibilities required of him if he was to be appointed interim liaison
counsel in this action. I have reviewed both affidavits and conclude that both
attorneys are capable of acting in this capacity. I will therefore appoint both as
interim liaison counsel.
Accordingly,
IT IS HEREBY ORDERED that plaintiff Gene Grasle’s Motion for Entry
of Pretrial Order Appointing Kessler Topaz Meltzer & Check, LLP and Izard
Kindall & Raabe LLP as Interim Co-Lead Class Counsel, and Appointing Dysart
Taylor Cotter McMonigle & Montemore, P.C. as Interim Liaison Class Counsel
[ECF 31 in 4:16CV651; ECF 69 in 4:16CV923] is DENIED.
IT IS FURTHER ORDERED that plaintiff Sally Sanzone’s Motion to
Appoint Interim Lead Plaintiff and Appoint Interim Co-Lead Counsel [ECF 35 in
4:16CV651; ECF 76 in 4:16CV923] is GRANTED to the extent it requests that
Ron Kilgard of Keller Rohrback L.L.P. and Karen L. Handorf of Cohen Milstein
Sellers & Toll, PLLC, be appointed as interim co-lead counsel, and that counsel

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from Schuchat Cook & Werner be appointed as interim liaison counsel. To the
extent Sanzone requests that she be appointed as interim lead plaintiff, the motion
is DENIED WITHOUT PREJUDICE. The parties may address this issue in
their joint proposed scheduling plan and at the scheduling conference.
IT IS FURTHER ORDERED that Ron Kilgard of Keller Rohrback L.L.P.
and Karen L. Handorf of Cohen Milstein Sellers & Toll, PLLC, are appointed as
interim co-lead counsel; and James I. Singer and Rhona S. Lyons of Schuchat
Cook & Werner are appointed as interim liaison counsel.
IT IS FURTHER ORDERED that interim co-lead counsel shall have
authority over the following matters on behalf of all plaintiffs in this consolidated
action: (1) convening meetings of counsel; (2) initiating, responding to,
scheduling, briefing, and arguing of all motions; (3) determining the scope, order,
and conduct of all discovery proceedings; (4) assigning such work assignments to
other counsel as they may deem appropriate; (5) retaining experts; (6) designating
which attorneys may appear at hearings and conferences with the Court; (7)
conducting settlement negotiations with defendants; and (8) all other matters
concerning the prosecution or resolution of the consolidated actions. Additionally,
interim co-lead counsel shall have the authority to communicate with defense
counsel and the Court on behalf of all plaintiffs and the proposed class. Interim
liaison counsel is charged with administrative matters, such as facilitating

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necessary communications between the Court and all counsel and advising all
parties of developments in this consolidated action.
This matter remains set for a telephone scheduling conference on Thursday,
August 18, 2016, at 11:00 a.m. Defense counsel is responsible for arranging the
call and having all necessary counsel on the line before contacting my chambers at
[phone].

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 4th day of August, 2016.

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