Cosby v. Miller et al (TV3)

Filing 54

ORDER, the Motion for Appointment of Cohen Milstein Sellers & Toll PLLC as Co-Lead Counsel for the Plaintiffs 40 is hereby GRANTED. The law firm of Cohen Milstein Sellers & Toll PLLC SHALL serve as co-counsel in this matter. Signed by Magistrate Judge C. Clifford Shirley, Jr on 7/24/17. (c/m to Gary F Bendinger & Gregory G Ballard Sidley Austin LLP (NY) 787 Seventh Avenue New York, NY 10019 and Steven J TollCohen, Milstein, Sellers & Toll PLLC 1100 New York Avenue NW Fifth Floor Washington, DC 20005-3934 ) (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

LEWIS COSBY, on behalf of himself and all
others similarly situated,

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Plaintiff,

v.
KPMG, LLP, and SCOTT M. BORUFF,
Defendants.

No. 3:16-CV-121-TAV-CCS

ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02.
Now before the Court is a Motion for Appointment of Cohen Milstein Sellers & Toll PLLC
as Co-Lead Counsel for the Plaintiffs [Doc. 40]. Specifically, the Plaintiffs request that the Court
appoint Cohen Milstein Sellers & Toll, PLLC (“Cohen Milstein”) to serve with previouslyappointed Gordon Ball, PLLC as Co-Lead Counsel for the Plaintiffs in this case. For grounds, the
Plaintiffs assert that Gordon Ball, PLLC commenced this action on behalf of purchasers of Miller
Energy common shares in March 2016. Subsequently, on October 22, 2016, Attorney Ball
underwent heart transplant surgery at Vanderbilt University in Nashville, and thereafter, began a
lengthy period of post-surgical treatment, recovery, and convalescence. On April 5, 2017, the
Plaintiffs moved the Court for additional time to file an Amended Complaint due to Attorney Ball’s
serious medical setbacks. At that time, the Plaintiff state that they informed the Court of their
intent to associate the law firm of Cohen Milstein to join the case as co-counsel for the Plaintiffs.
Further, in support of the instant Motion, the Plaintiffs have attached the Declaration of Lewis
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Cosby [Doc. 40-1], the Declaration of Kenneth Martin [Doc. 40-2], and the Declaration of Steven
J. Toll [Doc. 40-3], the Managing Partner of Cohen Milstein.
The Court notes that no party has responded in opposition to the Motion, and the time for
doing so has expired. See E.D. Tenn. L.R. 7.2 (“Failure to respond to a motion may be deemed a
waiver of any opposition to the relief sought.”). Further, the Court has reviewed the Motion, along
with the Declarations, and finds good cause to grant the request. Accordingly, the Motion for
Appointment of Cohen Milstein Sellers & Toll PLLC as Co-Lead Counsel for the Plaintiffs [Doc.
40] is hereby GRANTED. The law firm of Cohen Milstein Sellers & Toll PLLC SHALL serve
as co-counsel in this matter.
IT IS SO ORDERED.
ENTER:

s/ C. Clifford Shirley, Jr.
United States Magistrate Judge

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