Lipton v. Mclean et al

Filing 39

ORDER granting 35 Motion to Consolidate Cases. Signed by Honorable Mary Geiger Lewis on 10/14/2015.(abuc)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
IRWIN J. LIPTON, Derivatively on Behalf of
WORLD ACCEPTANCE CORPORATION,
Civil Action No. 6:15-cv-02796-MGL
Plaintiff,
v.
A. ALEXANDER MCLEAN, III, JOHN L.
CALMES, JR., KELLY M. MALSON, MARK C.
ROLAND, JAMES R. GILREATH, CHARLES D.
WAY, KEN R. BRAMLETT, JR., SCOTT J.
VASSALLUZZO, and DARRELL E. WHITAKER,
Defendants,
-andWORLD ACCEPTANCE CORPORATION, a
South Carolina corporation,
Nominal Defendant.
PAUL PARSHALL, Derivatively on Behalf of
WORLD ACCEPTANCE CORPORATION,
Civil Action No. 6:15-cv-03779-MGL
Plaintiff,
v.
A. ALEXANDER MCLEAN, III, JOHN L.
CALMES, JR., KELLY M. MALSON, MARK C.
ROLAND, JAMES R. GILREATH, CHARLES D.
WAY, KEN R. BRAMLETT, JR., SCOTT J.
VASSALLUZZO, and DARRELL E. WHITAKER,
Defendants,
-andWORLD ACCEPTANCE CORPORATION, a
South Carolina corporation,
Nominal Defendant
ORDER CONSOLIDATING RELATED ACTIONS, APPOINTING CO-LEAD
COUNSEL AND LIAISON COUNSEL, AND REVISING CASE SCHEDULE

Upon consideration of the Unopposed Motion to Consolidate Related Actions, Appoint
Co-Lead Counsel and Liaison Counsel, and to Revise Case Schedule (the “Unopposed Motion”),
it is HEREBY ORDERED as follows:
1.

The cases of Lipton v. Mclean et al., 6:15-cv-02796-MGL, and Parshall v.

Mclean et al., 6:15-cv-03779-MGL (the “Related Derivative Actions”), are hereby deemed
related and consolidated for all purposes, including pre-trial proceedings and trial, into one
consolidated action (the “Consolidated Derivative Action”).
2.

Every pleading filed in the Consolidated Derivative Action, or in any separate

action included herein, shall bear the following caption:
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Lead Case No. 6:15-cv-02796-MGL

IN RE WORLD ACCEPTANCE
CORPORATION DERIVATIVE
LITIGATION

(Derivative Action)

This Document Relates To:
ALL ACTIONS.
3.

The files of the Consolidated Derivative Action shall be maintained in one file

under Lead Case No. 6:15-cv-02796-MGL.
4.

The following counsel are hereby appointed as Co-Lead Counsel for Plaintiffs for

the conduct of the Consolidated Derivative Action:
JOHNSON & WEAVER, LLP
Frank J. Johnson
[e-mail]
600 West Broadway, Suite 1540
San Diego, California 92101
Telephone: [phone]
Facsimile: 619-255-1856
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JOHNSON & WEAVER, LLP
Michael I. Fistel, Jr. (admitted pro hac vice)
[e-mail]
40 Powder Springs Street
Marietta, GA 30064
Telephone: [phone]
Facsimile: 770-200-3101
THE WEISER LAW FIRM, P.C.
Robert B. Weiser
Brett D. Stecker
James M. Ficaro
[e-mail]
[e-mail]
[e-mail]
22 Cassatt Avenue
First Floor
Berwyn, PA 19312
Telephone: [phone]
Facsimile: 610-408-8062
5.

The following counsel is hereby appointed as Liaison Counsel for Plaintiffs for

the conduct of the Consolidated Derivative Action:
HOPKINS LAW FIRM, LLC
William E. Hopkins
Federal I.D. No. 6075
[e-mail]
P.O. Box 1885
Pawleys Island, SC 29585
Telephone: [phone]
Facsimile: 843-314-9365
6.

Plaintiffs’ Co-Lead Counsel shall have sole authority to speak for Plaintiffs in

matters regarding pre-trial procedure, trial and settlement negotiations and shall make all work
assignments in such manner as to facilitate the orderly and efficient prosecution of this litigation
and to avoid duplicative or unproductive effort.
7.

Plaintiffs’ Co-Lead Counsel will be responsible for coordinating all activities and

appearances on behalf of Plaintiffs and for the dissemination of notices and orders of this Court.

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No motion, request for discovery, or other pre-trial or trial proceedings shall be initiated or filed
by any Plaintiffs except through Plaintiffs’ Co-Lead Counsel.
8.

Defendants’ counsel shall be entitled to rely upon all agreements made with

Plaintiffs’ Co-Lead Counsel, or any other duly authorized representative of Plaintiffs’ Co-Lead
Counsel, and such agreements will be binding on Plaintiffs.
9.

This Order shall apply to each case arising out of the same or substantially the

same transactions or events as the Consolidated Derivative Action, which is subsequently filed
in, removed to, or transferred to this Court. Nothing herein shall be construed as a waiver of any
party’s right to object to the consolidation of any subsequently-filed or transferred related action.
10.

When a case which properly belongs as part of In re World Acceptance

Corporation Derivative Litigation, Lead Case No. 6:15-cv-02796-MGL, is hereafter filed in this
Court or transferred here from another court, counsel for the parties in this action shall call to the
attention of the Clerk of the Court the filing or transfer of any case that might properly be
consolidated as part of In re World Acceptance Corporation Derivative Litigation, Lead Case
No. 6:15-cv-02796-MGL, and counsel for the parties in this action shall assist in assuring that
counsel in subsequent actions receive notice of this Order.
11.

Defendants have acknowledged service of the summons and complaints in the

Related Derivative Actions. Aside from defenses and objections related to the absence of a
summons or of service, Defendants expressly reserved all defenses and objections to the
complaints filed in the Related Derivative Actions and any complaints filed in the Consolidated
Derivative Action. Defendants need not answer, move or otherwise respond to either of the
complaints currently filed in the Related Derivative Actions or any subsequently-filed or

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transferred complaint which is consolidated as part of In re World Acceptance Corporation
Derivative Litigation, Lead Case No. 6:15-cv-02796-MGL.
12.

On or before October 23, 2015, Plaintiffs shall either file with the Court a

consolidated complaint or designate an operative complaint in the Consolidated Derivative
Action. Defendants shall respond to the consolidated or operative complaint on or before
December 11, 2015.

Should any Defendant file a motion to dismiss the consolidated or

operative complaint, Plaintiffs shall have until January 25, 2016 to respond. If Plaintiffs file a
response, Defendants shall have until February 15, 2016 to file a reply. This schedule shall
supersede the schedule entered in Case No. 6:15-cv-02796-MGL on August 24, 2015 (Dkt.
No. 24).
IT IS SO ORDERED.
s/Mary Geiger Lewis

October 14, 2015

THE HONORABLE MARY G. LEWIS
UNITED STATES DISTRICT JUDGE

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