Al's Discount Plumbing LLC v. Viega LLC

Filing 15

ORDER re: joint application (see Doc 35, Case No. 1:19-CV-0159) for appointment of interim counsel - It is hereby ORDERED that: 1. Joint application 35 for appt of interim cnsl is GRANTED.; 2. Lead Counsel - Co-lead Interim Counsel for Indirect Pu rchasers - Fred T. Isquith, Esq. (Wolf Haldenstein Adler Freeman & Herz LLP) & Elizabeth Pritzker, Esq. (Pritzker Levine LLP)...; 3. Liason Counsel - Liason Counsel for Indirect Purchasers - Walter W. Cohen, Esq. (Obermayer, Rebmann, Maxwell & Hippe l, LLP); 4. Role of appointed counsel - Functions & Duties of lead counsel & liason counsel set forth... (see order for specifics); 5. Monthly Cost Reports to be prepared by co-lead counsel with 1st such report due 9/10/19... (see order for specific instructions & req'mts); 6. Preservation of Privileges - No communication among pltfs' cnsl shall be construed as waiver of any privilege or protection to which the communication would otherwise be subject. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/15/19. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ENGINUITY, LLC,

: CIVIL ACTION NO. 1:19-CV-159
:
Plaintiff
: (Chief Judge Conner)
:
v.
:
:
VIEGA LLC,
:
:
Defendant
:
______________________________________________________________________________
THE PLUMBER’S SHOP AND
ASSOCIATES, LLC, Individually
and on Behalf of All Others Similarly
Situated,

: CIVIL ACTION NO. 1:19-CV-681
:
: (Chief Judge Conner)
:
:
Plaintiff
:
:
v.
:
:
VIEGA LLC,
:
:
Defendant
:
______________________________________________________________________________
AL’S DISCOUNT PLUMBING, LLC,
Individually and on Behalf of All
Others Similarly Situated,

: CIVIL ACTION NO. 1:19-CV-685
:
: (Chief Judge Conner)
:
Plaintiff
:
:
v.
:
:
VIEGA LLC,
:
:
Defendant
:
______________________________________________________________________________

ACCURATE BACKFLOW AND
PLUMBING SERVICES, INC.,
and HOMESTEAD HEATING &
PLUMBING, LLC, Individually and
on Behalf of All Others Similarly
Situated,

: CIVIL ACTION NO. 1:19-CV-822
:
: (Chief Judge Conner)
:
:
:
:
Plaintiffs
:
:
v.
:
:
VIEGA LLC,
:
:
Defendant
:
______________________________________________________________________________
RYAN PLUMBING, INC., and
AIRIC’S HEATING & AIR
CONDITIONING, INC., Individually
and on Behalf of All Others Similarly
Situated,

: CIVIL ACTION NO. 1:19-CV-826
:
: (Chief Judge Conner)
:
:
:
Plaintiffs
:
:
v.
:
:
VIEGA LLC,
:
:
Defendant
:
______________________________________________________________________________
PRIME SOURCE PLUMBING &
HEATING CORP., Individually and
on Behalf of All Others Similarly
Situated,
Plaintiffs
v.
VIEGA LLC,
Defendant

:
:
:
:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:19-CV-842
(Chief Judge Conner)

ORDER
AND NOW, this 15th day of July, 2019, upon consideration of the joint
application (Doc. 35) for appointment as interim co-lead class counsel and liaison
counsel for the indirect purchaser class, and it appearing that defendant concurs in
the joint application, (Doc. 37), it is hereby ORDERED that:
1.

The joint application (Doc. 35) for appointment of interim counsel
is GRANTED.

2.

Lead Counsel. The following individuals shall serve as Co-Lead
Interim Counsel for the Indirect Purchasers:
Fred T. Isquith
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Avenue
New York, NY 10016
[phone]
Elizabeth C. Pritzker
PRITZKER LEVINE LLP
180 Grand Avenue, Suite 1390
Oakland, CA 94612
[phone]

3.

Liaison Counsel. The following individual shall serve as Liaison
Counsel for the Indirect Purchasers:
Walter W. Cohen
OBERMAYER, REBMANN, MAXWELL, & HIPPEL, LLP
Suite 400
200 Locust Street
Harrisburg, PA 17101
[phone]

4.

Role of Counsel. Counsel appointed in the preceding paragraphs shall
serve the following functions:
a.

Duties of Lead Counsel. Lead Counsel shall perform at least
the following functions on behalf of the Indirect Purchasers:
i.

Supervise all trial, pretrial, and post-trial proceedings.

ii.

iii.

Designate attorneys to act as spokespersons during
pretrial conferences and other court proceedings.

iv.

Conduct discovery, including the retention of expert
witnesses.

v.

Convene meetings among plaintiffs’ counsel and appear
on behalf of plaintiffs at court hearings and conferences.

vi.

Prepare monthly cost reports as required by paragraph 5
and transmit them to defendant’s counsel.

vii.

Delegate workload among plaintiffs’ counsel.

viii.

Negotiate and enter into stipulations with defense counsel
with regard to all matters arising during this litigation,
including matters such as discovery, mediation, and
settlement negotiations.

ix.

Retain and consult with experts.

x.
b.

Prepare, file, and sign all pleadings, motions, and briefs
on behalf of plaintiffs responding to such documents filed
by the defendant.

Communicate with defense counsel and the court as
necessary to promote efficient resolution of this matter.

Duties of Liaison Counsel. Liaison Counsel shall perform at
least the following functions:
i.

Document Retention. Liaison Counsel shall maintain
files of all the documents served upon them in the abovecaptioned matters. Liaison Counsel shall make such
documents available to members of the plaintiff group
upon reasonable request unless the documents requested
are at a document repository.

ii.

Substitute Lead Counsel. Unless otherwise directed
by the court, Liaison Counsel shall attend all court
proceedings. In the absence of Lead Counsel, the court
will expect Liaison Counsel to assume the duties of Lead
Counsel at any court proceeding.

iii.

Communicate with the Court. Liaison Counsel shall be
responsible for communicating with the court on behalf of
the Indirect Purchasers as to scheduling matters.

5.

Monthly Cost Reports. Co-Lead Counsel shall prepare monthly
cost reports summarizing all fees and expenses incurred as a result
of this matter. Reports shall be served upon defendant’s counsel on
or before the tenth day of each month and shall enumerate all tasks
performed during the preceding calendar month. Reports shall list the
number of hours expended on each task, the ordinary billing rate of
the individual(s) responsible for it, and the total cost of its completion.
Reports shall also include monthly and aggregate totals of all time,
fees, and expenses incurred through the last day of the preceding
month. The first such report shall be due on September 10, 2019.
Reports required by this paragraph shall not be filed on the docket
unless the court directs otherwise.

6.

Preservation of Privileges. No communication among plaintiffs’
counsel shall be construed as a waiver of any privilege or protection
to which the communication would otherwise be subject.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania