Uchenik v. McGraw Hill, LLC (f/k/a McGraw-Hill Global Education Holdings, LLC et al

Filing 43

ORDER: It is hereby ORDERED as follows: Radice Law Firm, PC and Hagens Berman Sobol Shapiro LLP shall serve as Co-Lead Counsel for the Student Purchaser Plaintiffs. Steckler Gresham Cochran PLLC and Thompson Coburn LLP shall serve as Co-Lead C ounsel for the Independent Collegiate Retailer Plaintiffs. The Student Purchaser Plaintiffs and Independent Collegiate Retailer Plaintiffs shall each file their consolidated amended complaints for their respective actions and any actions consolidat ed with their respective actions on or before October 16, 2020. Defendants shall file an answer to the consolidated amended complaints or a motion to dismiss the consolidated amended complaints by December 4. If a motion to dismiss either of the two consolidated amended complaints is filed, the Student Purchaser Plaintiffs and Independent Collegiate Retailer Plaintiffs shall file a letter by December 11, 2020 indicating a desire to further amend their complaints in response to the motion. Any s econd consolidated amended complaints must be filed by December 18. If the Student Purchaser Plaintiffs and Independent Collegiate Retailer Plaintiffs elect to further amend, any Defendant shall file its motion to dismiss on or before January 22, 20 21. The plaintiffs shall file their oppositions to the motions by February 19. Defendants shall file their replies on or before March 5. (And as further set forth herein.) (Amended Pleadings due by 12/18/2020., Motions due by 1/22/2021., Responses due by 2/19/2021, Replies due by 3/5/2021.) (Signed by Judge Denise L. Cote on 9/8/2020) Filed In Associated Cases: 1:20-md-02946-DLC et al. (jca)

Case 1:20-cv-03162-DLC Document 43 Filed 09/09/20 Page 1 of 5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------- X
:
IN RE INCLUSIVE ACCESS COURSE MATERIALS :
ANTITRUST LITIGATION
:
:
--------------------------------------- X

20 MDL NO. 2946
(DLC)
Related to all
matters
ORDER

DENISE COTE, District Judge:
The Court having conducted a pretrial conference on
September 3, 2020 to address the motions for appointment of lead
counsel in the MDL class actions brought against McGraw Hill,
LLC; McGraw-Hill Global Education Holdings LLC; Pearson
Education, Inc.; Cengage Learning, Inc.; Educational Publishers
Enforcement Group; Barnes & Noble College Booksellers LLC;
Barnes & Noble Education, Inc.; and Follett Higher Education
Group (“Defendants”), it is hereby
ORDERED as follows:
I. LEAD PLAINTIFFS’ COUNSEL
1. Radice Law Firm, PC and Hagens Berman Sobol Shapiro LLP
shall serve as Co-Lead Counsel for the Student Purchaser
Plaintiffs.
2. Steckler Gresham Cochran PLLC and Thompson Coburn LLP
shall serve as Co-Lead Counsel for the Independent
Collegiate Retailer Plaintiffs.

Case 1:20-cv-03162-DLC Document 43 Filed 09/09/20 Page 2 of 5

II.

CAPTIONS
Every pleading filed in the Student Purchaser Plaintiffs

class action, and in any separate action consolidated with it,
shall bear the following two captions:

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------X
IN RE INCLUSIVE ACCESS COURSE
:
MATERIALS ANTITRUST LITIGATION
:
:
----------------------------------:
This Document relates to:
:
:
20cv6314
:
:
----------------------------------X

MASTER FILE NO.
20 MDL NO. 2946 (DLC)

Every pleading filed in the Independent Collegiate Retailer
Plaintiffs class action, and in any separate action consolidated
with it, shall bear the following two captions:

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------X
IN RE INCLUSIVE ACCESS COURSE
:
MATERIALS ANTITRUST LITIGATION
:
:
----------------------------------:
This Document relates to:
:
:
20cv6339
:
:
----------------------------------X

2

MASTER FILE NO.
20 MDL NO. 2946 (DLC)

Case 1:20-cv-03162-DLC Document 43 Filed 09/09/20 Page 3 of 5

III. CURRENTLY FILED AND TRANSFERRED ACTIONS
1. The class actions which have arrived on this Court’s docket
as of the date of this Order are consolidated with the two
above-identified class actions according to the claims made
in those actions.
2. When a class action that relates to the same subject matter
as either of the two above-identified class actions or any
individual action that relates to the subject matter of
either of the two above-identified class actions is
hereafter filed in or transferred to this Court and
assigned to the undersigned, it shall be consolidated with
this MDL action and where appropriate the two aboveidentified class actions (provided that any case
transferred to this Court solely for pretrial proceedings
shall be consolidated only to that extent absent further
order of this Court), and the Clerk of Court shall:
a. File a copy of this Order in the separate file for
such action.
b. Make an appropriate entry in the Docket.
3. The Clerk shall maintain a separate file for each of the
consolidated actions and filings shall be made therein in
accordance with the regular procedures of the Clerk of this
Court except as modified by this Order.
4. The Court requests the assistance of counsel in calling to
the attention of the Clerk the filing or transfer of any
case which might properly be consolidated with this action.
5. When an action that relates to the same subject matter as
this MDL action is hereafter filed in or transferred to
this Court and assigned to the undersigned, the filing
party shall use the origin code 8 on its civil cover sheet.
IV.

APPLICATION OF THIS ORDER

1. This Order applies to each action assigned to the
undersigned alleging claims similar to those set forth in
this MDL litigation against the Defendants.
2. This Order shall apply to each such case which is currently
pending before the undersigned and which is subsequently
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Case 1:20-cv-03162-DLC Document 43 Filed 09/09/20 Page 4 of 5

filed in or transferred to this Court unless a party
objecting to the consolidation of that case or to any other
provision of this Order serves an application for relief
from this Order or from any of its provisions within ten
(10) days after the filing of this Order or the date that
the case arrives on the undersigned’s docket, whichever is
later.
3. The provisions of this Order shall apply to such actions
pending the Court’s ruling on the application for relief.
4. Unless a plaintiff in a subsequently filed or transferred
case is permitted by the Court to use a separate complaint,
Defendants shall not be required to answer, plead or
otherwise move with respect to that complaint in any such
case.
5. If a plaintiff in any such case is permitted to use a
separate complaint, each Defendant shall have thirty (30)
days from the date the Court grants such permission within
which to answer, plead or otherwise move with respect to
any such complaint.
V.

SCHEDULE
1. The Student Purchaser Plaintiffs and Independent Collegiate
Retailer Plaintiffs shall each file their consolidated
amended complaints for their respective actions and any
actions consolidated with their respective actions on or
before October 16, 2020. Defendants shall file an answer
to the consolidated amended complaints or a motion to
dismiss the consolidated amended complaints by December 4.
2. Pending filing and service of the two consolidated amended
complaints, Defendants shall have no obligation to move,
answer, or otherwise respond to any complaints in any
action consolidated with this MDL action.
3. If a motion to dismiss either of the two consolidated
amended complaints is filed, the Student Purchaser
Plaintiffs and Independent Collegiate Retailer Plaintiffs
shall file a letter by December 11, 2020 indicating a
desire to further amend their complaints in response to the
motion. It is unlikely that the Student Purchaser
Plaintiffs and Independent Collegiate Retailer Plaintiffs
will be granted any further opportunities to amend. Any
second consolidated amended complaints must be filed by
4

Case 1:20-cv-03162-DLC Document 43 Filed 09/09/20 Page 5 of 5

December 18. If the Student Purchaser Plaintiffs and
Independent Collegiate Retailer Plaintiffs elect to further
amend, any Defendant shall file its motion to dismiss on or
before January 22, 2021. The plaintiffs shall file their
oppositions to the motions by February 19. Defendants
shall file their replies on or before March 5.
4. The parties shall supply the Court with one courtesy copy
of their motion papers at the time the papers are served.
Dated:

New York, New York
September 8, 2020
__________________________________
DENISE COTE
United States District Judge

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