HEED v. MILLER et al

Filing 21

ORDER THAT AMALGAMATED'S MOTION IS GRANTED IN ITS ENTIRETY. CENTRAL LABORER'S MOTION IS GRANTED IN PART AND DENIED IN PART. EVERY PLEADING FILED IN THE CONSOLIDATED ACTION OR IN ANY SEPARATE ACTION INCLUDED HEREIN SHALL BEAR THE CAPTION UNDER 17-2187. SIGNED BY CHIEF JUDGE LAWRENCE F. STENGEL ON 3/29/18. 3/29/18 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DAVID HEED, Derivatively and on
Behalf of UNIVERSAL HEALTH
SERVICES, INC.,
Plaintiff
vs.
ALAN B. MILLER, et al.
Defendants
and
UNIVERSAL HEALTH SVCS, INC.,
Nominal Defendant
CENTRAL LABORER’S PENSION
FUND, Derivatively on Behalf of
UNIVERSAL HEALTH SVCS, INC.,
Plaintiff
vs.
ALAN B. MILLER, et al.,
Defendants
and
UNIVERSAL HEALTH SVCS, INC.,
Nominal Defendant
WATERFORD TOWNSHIP POLICE
& FIRE RETIREMENT SYSTEM,
Derivatively on Behalf of
UNIVERSAL HEALTH SVCS, INC.,
Plaintiff
vs.
ALAN B. MILLER, et al.,
Defendants
and
UNIVERSAL HEALTH SVCS, INC.,
Nominal Defendant

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CIVIL ACTION

NO. 17-1476

NO. 17-2187

NO. 17-2595

AMALGAMATED BANK
LONGVIEW FUNDS, Derivatively
on Behalf of UNIVERSAL HEALTH
SERVICES, INC.,
Plaintiff
vs.
CHARLES F. BOYLE, et al.,
Defendants
and
UNIVERSAL HEALTH SVCS, INC.,
Nominal Defendant

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CIVIL ACTION

NO. 17-3404

ORDER
AND NOW, this

29th

day of March, 2018, upon consideration of the motions to

consolidate, and to appoint lead plaintiff and lead counsel filed by Amalgamated Bank
LongView Funds and Central Laborers’ Pension Fund, IT IS HEREBY ORDERED that:
1. Amalgamated’s motion is GRANTED in its entirety.1
2. Central Laborers’ motion is GRANTED in part and DENIED in part.2
3. The above actions are consolidated for all purposes into one action, along with any
future-filed or transferred action asserting substantially similar shareholder derivative claims on
behalf of Universal Health Services, Inc., and arising out of federal securities law.
4. Every pleading filed in the consolidated action, or in any separate action included
herein, shall bear the following caption:
1

Amalgamated’s motion has been docketed as Document #16 in Heed v. Miller, 17-cv-1476; as
Document #38 in Central Laborers’ Pension Fund v. Miller, 17-cv-2187; as Document #5 in
Waterford Township Police & Fire Retirement System v. Miller, 17-cv-2595; and as Documents
#5 and #35 in Amalgamated Bank LongView Funds v. Boyle, 17-cv-3404.
2

Central Laborers’ motion has been docketed as Document #32 in Central Laborers’ Pension
Fund v. Miller, 17-cv-2187. Because I have consolidated the actions, this motion is granted in
part. Because I have appointed Amalgamated as lead plaintiff, and Scott & Scott as lead
counsel, the motion is denied in part.

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE UNIVERSAL HEALTH SERVICES,
INC., DERIVATIVE LITIGATION

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This Document Relates To:

CIVIL ACTION
NO. 17-02187

5. Amalgamated Bank LongView Funds is appointed lead plaintiff in the consolidated
action.
6. The law firm of Scott & Scott is appointed lead counsel for the plaintiffs.
7. The Axelrod Firm is appointed liaison counsel for the plaintiffs.
8. 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 a
spokesperson at pretrial conferences;

e.

to call meetings of the plaintiffs’ counsel, as deemed necessary
and appropriate from time to time;

f.

to coordinate all settlements negotiations with counsel for the defendants;

g.

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

h.

to coordinate the preparation and filings of all pleadings; and

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i.

to supervise all other matters concerning the prosecution or
resolution of the claims asserts in the consolidated action.

9. No motion, discovery, request, or other pretrial proceeding shall be initiated or filed
by any plaintiff without the approval of lead counsel, so as to prevent duplicative pleadings or
discovery by plaintiffs. No settlement negotiations shall be conducted without the approval of
lead counsel.
10. Counsel in any related action that is consolidated into the consolidated action shall be
bound by the organization of the plaintiffs’ counsel.
11. Lead counsel shall have the responsibility of receiving and disseminating court
orders and notices.
12. Lead counsel shall be the contact between plaintiffs’ counsel and shall direct and
coordinate the activities of plaintiffs’ counsel.
13. The defendants shall affect service of papers on plaintiffs by serving a copy of same
on lead counsel by overnight mail service, electronic, or hand delivery. The plaintiffs shall affect
service of papers on the defendants by serving a copy of same on the defendants’ counsel by
overnight mail service, electronic, or hand delivery.
BY THE COURT:

/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, C. J.

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