Murphy v. Computer Sciences Corporation et al

Filing 32

ORDER CONSOLIDATING CASE with 1:11cv610/TSE: this case is administratively closed. All further pleadings shall be filed exclusively in the consolidated case file and no further pleadings shall be file in this case. See Order for details, hearings and deadlines set. Signed by District Judge T. S. Ellis, III on 8/29/2011. (nmcc )

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IN THE UNITED STATES DISTRICT COURT

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2 9 2011

FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

CLERK, U.S. DISTRICT COURT
ALEXANDRIA, VIRGINIA

IN RE COMPUTER SCIENCES
CORPORATION SECURITIES
LITIGATION

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Case No. I:llcv610-TSE-IDD

ORDER

This matter came before the Court on the following motions:
(i) Motion of the New York Motel Trades Council & Hotel Association of New York

City, Inc. Pension Fund ("Hotel Fund'") for Consolidation, Appointment as Lead Plaintiff, and
Approval of Selection of Lead Counsel;

(ii) Motion of Ontario Teachers' Pension Plan Board ("Ontario Teachers") for

Consolidation of the Related Actions, Appointment as Lead Plaintiff, and Approval of Selection
of Counsel; and,

(iii) Construction Laborers Pension Trust of Greater St. Louis's ("Pension Trust'') Motion

for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel.
The rulings on the pending motions are as follows:
A. Consolidation

The three motions to consolidate are effectively identical and no parly, including

defendant Computer Sciences Corporation ("CSC"), opposes consolidation of the four pending

cases: Given this and because the requirements of Rule 42, Fed. R. Civ. P. arc fully met, and for
the reasons stated from the bench it is ORDERED that the motions to consolidate are

GRANTED to the extent that they are consistent with the following ruling, and are DENIED in
other respects.

For the reasons stated from the bench and pursuant to 15 U.S.C. § 78u-4(a)(3)(B)(ii)
(2006), it is ORDERED that:

(i) This ruling does not address the question whether the alleged class or classes should
be certified pursuant to Rule 23, Fed. R. Civ. P., or how any class or classes should be structured
in the event of certification. Nor does this ruling foreclose consideration whether any issues,
claims, or defenses relating to liability or damages should be tried separately;
(ii) It is further ORDERED that the consolidated action shall proceed under the
following caption and case number: "In re Computer Sciences Corporation Securities Litigation,
Civ. No. 11-610-TSE-IDD";

(iii) All further pleadings shall be filed exclusively in the consolidated case file, and no
further pleadings shall be filed in the individual cases. Accordingly, the following cases are
hereby ADMINISTRATIVELY CLOSED:

(a) CityofRoseville Employees' Ret. Sys. v. ComputerSci. Corp., Civ. No. 11610-TSE-IDD:

(b) Murphy v. Computer Sci. Corp., Civ. No. 11-636-TSE-IDD;
(c) Kramer v. Computer Sci. Corp., Civ. No. 11-751-TSE-IDD; and,
(d) Goldman v. Computer Sci. Corp.. Civ. No. 11-777-TSE-IDD;
(iv) The parties and the Clerk are directed to notify the Court in the event that any case
not identified in this Order, including any subsequently filed case, should be the subject of an

Order making it part of this consolidated hearing;
(v) Lead plaintiff, as identified below, shall file an amended consolidated complaint (in
accordance with the schedule set forth below), which shall, at a minimum, (a) include as named

plaintiffs each of the named plaintiffs in the now-consolidated actions, (b) allege a class or

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classes sufficient to include all of the classes and plaintiffs described in the various now
consolidated actions, and (c) allege claims sufficient to encompass all of the claims in the
various, now consolidated actions.
B.

Lead Plaintiff and Lead Counsel

For the reasons stated from the bench and pursuant to 15 U.S.C. § 78u-4(a)(3)(B)(i)
(2006), it is ORDERED that:

(i) Ontario Teachers' motion to be appointed lead plaintiff and to approve its choice of
counsel is GRANTED, as the Court has determined that Ontario Teachers is "most capable of
adequately representing the interests of class members" under 15 U.S.C. § 78u-4(a)(3)(B)(i)
(2006). Ontario Teachers' selection of Labaton Sucharow LLP as lead counsel and its selection
of Patton Boggs LLP as local counsel is accordingly APPROVED. Lead counsel shall have the

authority and responsibility to speak for all named plaintiffs and class members in all matters

regarding this litigation, including, but not limited to, pre-trial proceedings, motion practice, trial,
and settlement. Lead counsel must 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.

(ii) Hotel Fund's motion to be appointed lead plaintiff is DENIED and its motion to
approve its choice of counsel is DENIED AS MOOT; and.
(iii) Pension Trust's motion to be appointed lead plaintiff is DENIED and its motion to
approve its choice of counsel is DENIED AS MOOT.
C. Schedule

As stated from the bench, it is ORDERED that the following schedule shall govern the

filing of the amended consolidated complaint and the response thereto:

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(i) Lead plaintiff must file its amended consolidated complaint by 5:00 PM, Thursday,
September 22, 2011;

(ii) Defendants must file any responsive pleading by 5:00 PM, Friday, October 14, 2011;
(iiii) In the event that defendants file a motion to dismiss pursuant to Rule 12, Fed. R.

Civ. P. in lieu of an answer to the complaint, lead plaintiff must file its opposition to the motion
by 5:00 PM, Tuesday, October 25, 2011;

(iv) Defendants must file their reply to lead plaintiffs opposition by 5:00 PM, Friday,
October 28, 201 Land,

(v) Oral argument on any motion to dismiss will be held at 2:00 PM, Friday, November
4,2011.

As stated from the bench, it is further ORDERED that the following schedule shall

govern the motion to certify the class or classes:
(i) Lead plaintiff must file its motion for class certification pursuant to Rule 23, Fed. R.
Civ. P. by 5:00 PM, Thursday, September 22, 2011; and,
(ii) Defendants must file any opposition to that motion by 5:00 PM, Wednesday. October
14.2011.

An appropriate Scheduling Order governing other aspects of this litigation will shortly
issue. The extension of time Orders issued by the Magistrate Judge in Civ. No. 11-610-TSEIDD (Dkt. No. 12), Civ. No. 11-636-TSE-IDD (Dkt. No. 11), Civ. No. 11-751 -TSE-IDD (Dkt.
No. 6), and Civ. No. 11-777-TSE-IDD (Dkt. No. 7), arc hereby VACATED.
D. Limited Discovery

For the reasons stated from the bench and pursuant to 15 U.S.C. § 78u-4(b)(3)(B) (2006),
it is ORDERED that in the event that defendants file a motion to dismiss under Rule 12, Fed. R.

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Civ. P., the stay ofdiscovery will be LIFTED for the following limited purpose only: the
defendants may take the deposition by oral examination ofone (1) representative that Ontario
Teachers shall designate under Rule 30(b)(6), Fed. R. Civ. P.
E. Service and Record Keeping

There are multiple named plaintiffs in this consolidated class action, and service of

pleadings on each named plaintiff would be difficult and wasteful. Accordingly, it is
ORDERED that defendants need only serve pleadings on the lead plaintiff to effect service on

each of the named plaintiffs and to effect service of the pleadings on the class or classes in the
event ofclass certification. It is further ORDERED that lead plaintiff, by lead counsel or by

liaison counsel, shall ensure that counsel of record for each of the named plaintiffs shall

promptly receive any and all pleadings in this case. It is further ORDERED that lead and local
counsel shall maintain complete and correct records of (i) the tasks performed, (ii) the time

required to perform the tasks, and (Hi) copying, mailing, and other expenses, so that the Court
may reasonably evaluate claims for fees and expenses should such claims be warranted.
The Court shall retain continuing jurisdiction to revisit the terms of this Order, on motion

or sua spome, as circumstances may dictate over the course of the litigation.
The Clerk is directed to (i) file and docket this Order in Civ. No. 11-610-TSE-IDD, (ii)

file and docket acertified copy of this order in each of the consolidated cases named in Section

A.(iii) above, and (iii) send acopy of this Order to all counsel of record in the consolidated
cases

Alexandria, Virginia

Monday, August 29,2011

f'sTEUisTl^
United Stales District Judge

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