Russell v. Werner Enterprises, Inc.
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,
WERNER ENTERPRISES, INC.,
and DOES 1-100, inclusive,
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).
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).
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
Rule 42(a)(3) allows a court to “issue any other
orders to avoid unnecessary cost or delay” when a case is
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.
appointment of lead plaintiffs and lead counsel would be
premature at this time.
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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