Laurent et al v. AmeriGas Propane, Inc. et al

Filing 35

ORDER Appointing Interim Class Counsel. Signed by District Judge Gary A. Fenner on 12/11/09. Associated Cases: 4:09-md-02086-GAF, 2:09-cv-04176-GAF, 4:09-cv-00465-GAF, 4:09-cv-00841-GAF, 4:09-cv-00842-GAF, 4:09-cv-00843-GAF, 4:09-cv-00844-GAF, 4:09-cv-00917-GAF, 4:09-cv-00918-GAF, 4:09-cv-00919-GAF, 4:09-cv-00920-GAF, 4:09-cv-00922-GAF, 4:09-cv-00923-GAF, 4:09-cv-00924-GAF, 4:09-cv-00925-GAF, 4:09-cv-00926-GAF, 4:09-cv-00927-GAF, 4:09-cv-00928-GAF, 4:09-cv-00929-GAF(Mitchell, Lisa)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION IN RE: PRE-FILLED PROPANE TANK ) MARKETING & SALES PRACTICES ) LITIGATION ) ) ALL ACTIONS ) MDL NO. 2086 Master Case No. 09-2086-MD-W-GAF

ORDER By Order of November 4, 2009, the Court directed the parties to this multi-district litigation to file submissions notifying the Court of their selections for a counsel structure to act on behalf of the plaintiffs and serve as interim class counsel. Having considered all timely submissions, the Court hereby appoints the following Interim Class Counsel pursuant to Fed. R. Civ. P. 23(g): 1. Plaintiffs' Liaison Counsel: To serve as Liaison Counsel, the Court appoints the

following counsel: Norman E. Siegel Stueve Siegel Hanson LLP 460 Nichols Road, Suite 200 Kansas City, Missouri 64112 2. Duties of Plaintiffs' Liaison Counsel: Plaintiffs' Liaison Counsel shall have the

following responsibilities: (A) Communicate with the Court, on behalf of Plaintiffs' Executive Committee, concerning scheduling and other administrative matters; (B) Maintain an up-to-date, comprehensive Service List and promptly advise the Court and Defendants' counsel of changes to Plaintiffs' Service List; (C) Receive and distribute to Plaintiffs' counsel, as appropriate, Orders, notices, and correspondence from the Court, to the extent such documents are not electronically filed; and

(D) Receive and distribute to Plaintiffs' counsel, as appropriate, discovery, pleadings, and correspondence and other documents from Defendants' counsel that are not electronically filed. 3. Plaintiffs' Co-Lead Counsel: To, together with Plaintiffs' Liaison Counsel, perform

the duties delineated below, the Court hereby appoints Plaintiffs' Co-Lead Counsel consisting of the following counsel: Elizabeth A. Fegan Hagens Berman Sobol Shapiro LLP 820 North Boulevard, Suite B Oak Park, IL 60301 Eric H. Gibbs Girard Gibbs LLP 601 California Street, 14th Floor San Francisco, CA 94108 Laurence D. King Kaplan Fox & Kilsheimer LLP 350 Sansome Street, Suite 400 San Francisco, CA 94104 4. Duties of Plaintiffs' Co-Lead Counsel: Plaintiffs' Co-Lead Counsel shall have the

following responsibilities: (A) Direct and manage pretrial proceedings on behalf of all Plaintiffs, including the

briefing and argument of motions and the conduct of all types of discovery proceedings; (B) Delegate work responsibilities to members of the Executive Committee, among others, and monitor the activities of all Plaintiffs' counsel to assure that Plaintiffs' pretrial preparation is conducted effectively, efficiently, and economically, that schedules are met, and that unnecessary expenditures of time and expense are avoided; (C) Consult with and employ consultants or experts, as necessary;

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(D) effort s; (E)

Fund the necessary and appropriate costs of discovery and other common benefit

Coordinate settlement discussions or other dispute resolution efforts on behalf of

Plaintiffs, under the Court's supervision, if and as appropriate; (F) litigation; (G) (H) counsel; and (I) Perform such other duties as may be incidental to proper coordination of Plaintiffs' Prepare and distribute to the parties periodic status reports; Maintain adequate time and disbursement records covering services as designated Enter into stipulations with opposing counsel as necessary for the conduct of the

pretrial activities or as authorized by further Order of the Court. 5. Plaintiffs' Executive Committee: To assist in carrying out the duties set forth above

and otherwise advance the interests of Plaintiffs in an orderly and efficient manner, the Court hereby appoints an Executive Committee consisting of the following counsel: Norman E. Siegel Stueve Siegel Hanson LLP 460 Nichols Road, Suite 200 Kansas City, MO 64112 Elizabeth A. Fegan Hagens Berman Sobol Shapiro LLP 820 North Boulevard, Suite B Oak Park, IL 60301 Eric H. Gibbs Girard Gibbs LLP 601 California Street, 14th Floor San Francisco, CA 94108

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Laurence D. King Kaplan Fox & Kilsheimer LLP 350 Sansome Street, Suite 400 San Francisco, CA 94104 Christopher M. Burke Scott + Scott LLP 600 B Street, Suite 1500 San Diego, CA 92101 Edward M. Gergosian Gergosian & Gralewski 655 West Broadway, Suite 1410 San Diego, CA 92101 IT IS SO ORDERED. s/ Gary A. Fenner Gary A. Fenner, Judge United States District Court DATED: December 11, 2009

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