Le et al v. Zuffa, LLC

Filing 140

ORDER Granting #127 Motion for Appointment of Counsel. Signed by Magistrate Judge Peggy A. Leen on 7/31/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:15-cv-01045-RFB-PAL Document 127-5 Filed 07/09/15 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Cung Le, Nathan Quarry, and Jon Fitch, on
4 behalf of themselves and all others similarly
situated,
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Plaintiffs,
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vs.
7 Zuffa, LLC, d/b/a Ultimate Fighting
Championship and UFC,
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Defendant.
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Lead Case No.: 2:15-cv-01045 RFB-(PAL)
Consolidated Case Nos.:
2:15-cv-01046-RFB-(PAL)
2:15-cv-01055-RFB-(PAL)
2:15-cv-01056-RFB-(PAL)
2:15-cv-0157-RFB-(PAL)
[PROPOSED] ORDER APPOINTING
INTERIM CO-LEAD COUNSEL AND
LIAISON COUNSEL

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And Related Consolidated Cases
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1.

Pursuant to Federal Rule of Civil Procedure 23(g)(3), the Court hereby appoints the

13 following counsel as Plaintiffs’ Interim Co-Lead Class Counsel: Berger & Montague, P.C.; Cohen
14 Milstein Sellers & Toll PLLC; Joseph Saveri Law Firm, Inc, and following firm as Liaison
15 Counsel: Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP.
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2.

Plaintiffs’ Interim Co-Lead Class Counsel shall be responsible for performing work

17 to advance the litigation for the common benefit of all plaintiffs and proposed class members,
18 including all plaintiffs and proposed class members in related actions subsequently filed in or
19 transferred to this District (collectively, “Plaintiffs”). Plaintiffs’ Interim Co-Lead Class Counsel’s
20 responsibilities for coordinating and organizing Plaintiffs in the conduct of this litigation shall:
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a.

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Organize and conduct pretrial law and motion practice, including class
certification;

b.

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Organize and conduct discovery, including the conduct of all discovery on
behalf of Plaintiffs consistent with Fed. R. Civ. Pro 26;

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c.

Act as spokesperson at pretrial conferences;

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d.

Enter into stipulations with opposing counsel, as necessary, for the conduct

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of litigation;
e.

Consult with and retain experts, as necessary;

[PROPOSED] ORDER APPOINTING INTERIM CO-LEAD COUNSEL AND LIAISON COUNSEL

Case 2:15-cv-01045-RFB-PAL Document 127-5 Filed 07/09/15 Page 2 of 2

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f.

Conduct trial and post-trial proceedings;

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g.

Act as spokesperson at pretrial conferences;

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h.

Enter into stipulations with opposing counsel, as necessary, for the conduct

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of the litigation;

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i.

Encourage cooperation and efficiency among all Plaintiffs’ counsel;

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j.

Call meetings of Plaintiffs’ counsel, when appropriate;

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k.

Make all work assignments to Plaintiffs’ counsel;

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l.

Monitor the activities of all Plaintiffs’ counsel to ensure that the litigation is

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conducted effectively, orderly, efficiently, and economically;

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m.

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unproductive expenditures of time and expense are avoided; and

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n.

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Ensure that schedules are met, and that unnecessary, duplicative, or

Negotiate with defense counsel with respect to settlement and other matters,
if and as appropriate.

3.

Plaintiffs’ Interim Co-Lead Counsel shall also be the contact between Plaintiffs’

15 counsel and counsel for the Defendant, as well as the spokespersons for Plaintiffs’ counsel,
16 including Plaintiffs’ counsel in related actions subsequently filed in or transferred to this District.
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4.

No motion, request for discovery, or other pretrial proceedings shall be initiated or

18 filed by any Plaintiff except through Interim Co-Lead Counsel.
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20 IT IS SO ORDERED.
21 Dated:

July 31, 2015

_______________________
HON. PEGGY A. LEEN
United States Magistrate Judge

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[PROPOSED] ORDER APPOINTING INTERIM CO-LEAD COUNSEL AND LIAISON COUNSEL