Russell v. Werner Enterprises, Inc.

Filing 120

MEMORANDUM AND ORDER that plaintiffs' motion Filing Number 95 to appoint lead plaintiffs and lead counsel is denied. Ordered by Senior Judge Lyle E. Strom. (KLF)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
EZEQUIEL OLIVARES ABARCA,
individually and on behalf of
all those similarly situated,
et al.,

)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
WERNER ENTERPRISES, INC.,
)
and DOES 1-100, inclusive,
)
)
Defendants.
)
______________________________)

8:14CV319

MEMORANDUM AND ORDER

This matter is before the Court on plaintiffs’ motion
to appoint lead plaintiffs and lead counsel (Filing No. 95).
defendants filed a response (Filing No. 108).

The

Plaintiff William

Smith of Smith v. Werner Enterprises, Inc., et al. 8:15CV287
filed a brief in opposition to the plaintiffs’ motion (Filing No.
113), to which the plaintiffs replied (Filing No. 116).

After

reviewing the motion, briefs, and applicable law, the Court will
deny the plaintiffs’ motion.
The plaintiffs move this Court to appoint lead
plaintiffs and lead counsel under Federal Rule of Civil Procedure
42(a)(3).

Rule 42(a)(3) allows a court to “issue any other

orders to avoid unnecessary cost or delay” when a case is
consolidated.

Fed.R.Civ.P. 42(a)(3).

This Court consolidated

the Abarca and Smith cases (Filing No. 119 in 8:14CV319).

However, the Smith plaintiff opposes the appointment of lead
plaintiffs and counsel as being premature.

The Court has already

appointed interim class counsel (Filing No. 73).

The Court finds

that failure to appoint lead plaintiffs and lead counsel at this
early stage will not result in unnecessary cost or dely.

The

appointment of lead plaintiffs and lead counsel would be
premature at this time.

Accordingly,

IT IS ORDERED that plaintiffs’ motion (Filing No. 95)
to appoint lead plaintiffs and lead counsel is denied.
DATED this 20th day of November, 2015.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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