Firefighters' Retirement System of Louisiana v. Massey Energy Company, et. al.

Filing 43

ORDER: adopting the 36 Stipulation...for Consolidation, Appointment of Lead Plaintiff, and Approval of Selection of Lead Counsel filed 12/17/2010; consolidating 5:10-cv-0689 and 5:10-cv-0776; designating Civil Action No. 5:10-cv-0689 as the lead ca se; directing that this Order apply to the Consolidated Action and to each case that relates to the same subject matter that is subsequently filed in this Court or is transferred to this Court, and is consolidated with the Consolidated Action; direct ing that every pleading in the Consolidated Action shall have the following caption: "IN RE MASSEY ENERGY CO. SECURITIES LITIGATION, Civil Action No. 5:10-cv-00689;" requesting the assistance of counsel in calling to the attention of the Cl erk of this Court the filing or transfer of any case that may properly be consolidated as part of the Consolidated Action; directing the Clerk to (a) file a copy of this Order in any case that arises out of the same subject matter as the Consolidated Action; (b) transmit electronically a copy of this Order to the attorneys for the parties in the newly-filed or transferred case; (c) make the appropriate entry in the Master Docket for the Consolidated Action; directing that each new case that aris es out of the subject matter of the Consolidated Action be consolidated with the Consolidated Action; appointing Massachusetts PRIT as Lead Plaintiff in the Consolidated Action; approving Labaton Sucharow LLP and Robbins Geller Rudman & Dowd LLP as C o-Lead Counsel for the Class; approving James F. Humphreys & Associates, L.D. as Liaison Counsel for the Class; withdrawing Movant David Wagner's 19 Motion to Consolidate Related Actions, to Appoint David Wagner as Lead Plaintiff and for Appro val of Selection of Counsel and 29 Motion to Strike Improper New Arguments in Reply Brief, or in the Alternative, for Leave to File Surreply; directing the Clerk to list Movant Wagner as a named Plaintiff in the Consolidated Action; terminating as moot the 11 Motion of Commonwealth of Massachusetts Pension Reserve Investment Trust for Consolidation, Appointment as Lead Plaintiff, and Approval of Selection of Counsel. Signed by Judge Irene C. Berger on 1/10/2011. (cc: attys; any unrepresented party) (slr)