Russell v. Swisher Hygiene, Inc. et al
Filing
22
ORDER for Amended consolidated complaint. Signed by Senior Judge Graham Mullen on 5/23/2012. (blf)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO.: 3:12-cv-216
NORMAN RUSSELL, Individually and on
Behalf of All Other Persons Similarly Situated,
Plaintiffs,
v.
SWISHER HYGIENE, INC., STEVEN R.
BERRARD, and MICHAEL KIPP,
Defendants.
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ORDER
WHEREAS, on or about May 17, 2012 Defendants Swisher Hygiene, Inc. (“Swisher”),
Steven R. Berrard (“Berrard”), and Michael Kipp (“Kipp”), (referred to collectively herein as
“Defendants”) filed a Consent Motion to Consolidate two related punitive securities class actions,
Birch v. Swisher Hygiene, Inc., et al., No. 3:12-cv-00221-FDW-DCK (filed April 9, 2012) (the
“Birch Lawsuit”) and Cohen v. Swisher Hygiene, Inc. et al., No. 3:12-cv-00256-FDW-DSC (filed
April 25, 2012) (the “Cohen Lawsuit”) with this case;
WHEREAS, on May 17, 2012, Defendants also filed motions for extension of time to serve
an answer or other responsive pleadings and entry of related scheduling order in the Cohen Lawsuit,
the Birch Lawsuit, and in this case;
WHEREAS, on May 18, 2012, this Court granted Defendants’ Consent Motion to
Consolidate the Birch Lawsuit and the Cohen Lawsuit into this case;
WHEREAS, immediately after granting the Consent Motion to Consolidate, this Court also
granted the consent motion for extension of time to serve Answer or Other Responsive Pleading and
Entry of Related Scheduling Order in this case; and
WHEREAS, the motions for extension of time previously filed in the Cohen Lawsuit and
the Birch Lawsuit remain pending.
Based upon the foregoing, the Court ORDERS as follows:
1.
Plaintiffs shall file a consolidated amended complaint no more than sixty (60)
days after entry of the Court’s forthcoming Order designating lead plaintiff and
lead counsel; and
2.
The time for Defendants to answer, move against or otherwise respond to the
consolidated amended complaint is extended up to and including sixty (60) days
after the filing of the consolidated amended complaint; and
3.
Defendants are otherwise relieved of their obligation to answer or otherwise
respond to the previously filed Complaints in the Cohen Lawsuit, the Birch
Lawsuit and in this case.
IT IS SO ORDERED.
Signed: May 23, 2012
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