RABIN v. JOHN DOE MARKET MAKERS et al

Filing 60

MEMORANDUM AND ORDER THAT ORDER GRANTING PLAINTIFF I. STEPHEN RABIN'S MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF LEAD PLAINTIFF'S SELECTION OF LEAD COUNSEL. SIGNED BY HONORABLE GERALD A. MCHUGH ON 6/16/15. 6/16/15 ENTERED AND COPIES MAILED TO UNREPS, COUNSEL AND EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

I. STEPHEN RABIN, on behalf of himself and Case No. 15-00551-GAM
all others similarly situated,
CLASS ACTION
Plaintiff
TRIAL BY JURY DEMANDED

v.
John Doe Market Makers,
NASDAQ OMX PHLX LLC, and
NASDAQ OMX GROUP, INC.

Defendants

ORDER GRANTING PLAINTIFF I. STEPHEN RABIN'S MOTION FOR
APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF LEAD
PLAINTIFF'S SELECTION OF LEAD COUNSEL

This Court, having considered the motion of plaintiff I. Stephen Rabin ("Movant") for
Appointment as Lead Plaintiff and for Approval of Movant's Selection of Lead Counsel, the
memorandum of law submitted in support thereof, and the Declaration of Lawrence Deutsch
submitted in support thereof, and good cause appearing therefor,
IT IS HEREBY ORDERED as follows:

1.

I. Stephen Rabin is appointed as Lead Plaintiff. Lead Plaintiff satisfies the

requirements for Lead Plaintiff pursuant to the Private Securities Litigation Reform Act of 1995
("PSLRA").
2.

Lead Plaintiff has selected and retained Lawrence Deutsch and Robin

Switzenbaum of Berger & Montague, P.C. and Bragar Eagel & Squire, P.C. to serve as Lead
Counsel in this class action. The Court approves the selection of Lawrence Deutsch and Robin

Switzenbaum of Berger & Montague, P.C. and Bragar Eagel & Squire, P.C. to serve as
Plaintiffs Lead Counsel.
3.

Plaintiffs Lead Counsel shall have the following responsibilities and duties, to be

carried out either personally or through counsel whom Lead Counsel shall designate:
(a)

to coordinate the briefing and argument of motions;

(b)

to coordinate the conduct of discovery proceedings;

(c)

to coordinate the examination of witnesses in depositions;

(d)

to coordinate the selection of counsel to act as spokesperson at pretrial
conferences;

(e)

(f)

to coordinate all settlement negotiations with counsel for defendants;

(g)

to coordinate and direct the pretrial discovery proceedings and the
preparation for trial and the trial of this matter and to delegate work
responsibilities to selected counsel as may be required; and

(h)

4.

to call meetings of the plaintiffs' counsel as they deem necessary and
appropriate from time to time;

to supervise any other matters concerning the prosecution, resolution or
settlement of the class Action.

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

or filed by any plaintiff without the approval of Lead Counsel, so as to prevent duplicative
pleadings or discovery by plaintiff. No settlement negotiations shall be conducted without the
approval of Lead Counsel.
5.

Lead Counsel shall have the responsibility of receiving and disseminating Court

orders and notices.
6.

Lead Counsel shall be the contact between plaintiffs counsel and defendants'

counsel, as well as the spokesperson for plaintiffs counsel, and shall direct and coordinate the
activities of plaintiffs' counsel.
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7.

Defendants shall serve all papers on plaintiffs by serving a copy on Lead Counsel

via filing on the electronic docket or via email when no docket entry is made. Plaintiff shall serve
all papers on defendants by filing on the electronic docket or via email when no electronic docket
entry has been made.
8.

During the pendency of this litigation, or until further order of this Court, the

parties shall preserve all documents within their possession, custody, or control which is
relevant to the subject matter of the pending litigation, including computer-generated and stored
information, computerized data, and electronic mail.

IT IS SO ORDERED,
Dated:

J

v,.,

e-

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, 2015.

Hon. Gerald A. McHugh
United States District Judge

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