Ollila v. Babcock & Wilcox Enterprises, Inc. et al

Filing 17

ORDER Consolidating Cases for Discovery &Trial. The court will make a determination regarding the appointment of lead plaintiff after allowing for a period for potential responses. The proposed lead plaintiffs may file respon ses to the pending Motion regarding the appointment of lead plaintiff (#7 & #10) until, and inclusive of, May 16, 2017. All further pleadings to be docketed to: 3:17cv109. Member Case: 3:17cv125 to be administratively closed. Signed by District Judge Max O. Cogburn, Jr on 5/8/2017. (chh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:17-cv-00109-MOC-DCK
ERIC OLLILA,
Plaintiff,
v.
BABCOCK & WILCOX ENTERPRISES, INC.
JENNY L. APKER
E. JAMES FERLAND,
Defendants.

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ORDER

THIS MATTER is before the court on the Motion of the Arkansas Teacher Retirement
System (#10) and the Motion of the City of Birmingham Retirement and Relief System (#7). Each
Motion asks the court to consolidate this case with the related matter of 3:17-cv-125, pursuant to
Fed.R.Civ.P. 42(a) and appoint the respective party lead plaintiff in the consolidated action.
Having considered the motions and reviewed the pleadings, the court enters the following Order.
Both Motions are timely filed, and each proposes that the respective party be named lead
plaintiff. Under 15 U.S.C. §78u-4(a)(3)(B)(ii), the determination to consolidate pending cases
must be made before the appointment of lead plaintiff. The court consolidates the related cases
first and will allow until May 16, 2017 for responses to the pending Motions regarding the
appointment of lead plaintiff.

ORDER

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IT IS, THEREFORE, ORDERED that Motion of the Arkansas Teacher Retirement
System (#10) and the Motion of the City of Birmingham Retirement and Relief System (#7) are
GRANTED, in part. Specifically, the Motions are each GRANTED to the extent that they request
the consolidation of this case with the related case of 3:17-cv-125. This case is hereby
CONSOLIDATED with case number 3:17-cv-125. This instant case (3:17-cv-109) shall serve as
the lead case.
The Clerk of Court is instructed to docket a notice of consolidation in the file of 3:17-cv125.
The court will make a determination regarding the appointment of lead plaintiff after
allowing for a period for potential responses. The proposed lead plaintiffs may file responses to
the pending Motions regarding the appointment of lead plaintiff (#7 & #10) until, and inclusive of,
May 16, 2017.

Signed: May 8, 2017

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