Liberte Capital Group, LLC et al v. Capwill et al
Filing
3053
Memorandum Opinion and Order: The motion to substitute the class representative for the Alpha Capital Group Investors (Doc. No. 3050) is granted. Arnold Adler is substituted for Frederick H. Stierheim as the Alpha Class Representative. This substitution is effective retroactive to November 6, 2017. re 3050 Judge Jeffrey J. Helmick on 1/11/2018. (S,AL)
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Liberte Capital Group, et al.,
Case No. 5:99-cv-818
Plaintiffs
v.
MEMORANDUM OPINION
AND ORDER
James A. Capwill, et al.,
Defendants
This matter is before me on the unopposed motion of Class Counsel to substitute Arnold
Adler as class representative for the Alpha Capital Investors. Previously, this Court appointed
Frederick H. Stierheim as class representative for the Alpha Capital Group Class. (Doc. No. 2236).
As noted by Class Counsel, Fed. R. Civ. P. 23(c)(1) allows the Court to amend previous
orders prior to a decision on the merits. See In re Telectronics Pacing Systems, Inc., 172 F.R.D. 271, 283
(S.D. Ohio 1997) (citations omitted).
Class Counsel has personally vetted Mr. Adler and finds him qualified to assume the
responsibilities as class representative for the Alpha Capital Group Investors. Counsel requests the
appointment be made retroactive to November 6, 2017 as that is the date this Court authorized
Class Counsel to meet with Mr. Adler to confirm his willingness to serve as class representative.
As I find the interests of the Alpha Class will be served by this substitution, the motion to
substitute the class representative for the Alpha Capital Group Investors (Doc. No. 3050) is granted.
Arnold Adler is substituted for Frederick H. Stierheim as the Alpha Class Representative. This
substitution is effective retroactive to November 6, 2017.
So Ordered.
s/ Jeffrey J. Helmick
United States District Judge
2
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