Schaffer v. Timberland

Opinion

Schaffer v. Timberland CV-94-634-JD 04/24/95 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Jerrold Schaffer, et al.

v. Civil No. 94-634-JD

The Timberland Co., et al.

Gershon Kreuser, et al.

v. Civil No. 95-4-L

CASE MANAGEMENT ORDER

1. The court enters the following case management order in

the above-captioned actions ("actions")-

I. CONSOLIDATION

2. The actions are, until further order of this court,

hereby consolidated for all purposes pursuant to Federal Rule of

Civil Procedure 42(a). This case management order (the "order")

shall apply to the consolidated action, unless altered or amended

by the court.

II. MASTER FILE, MASTER DOCKET AND SEPARATE ACTION DOCKETS

3. The caption of the consolidated action shall be Jerrold

Schaffer, et al. v. The Timberland Company, et al., and the file

shall be maintained under Civil. No. 94-634-JD. All further

filings in the consolidated action shall be filed only in Civil No. 94-634-JD. All documents previously filed and served in

either of the actions are deemed to have been filed in and are

adopted as part of the record in Civil No. 94-634-JD.

4. The terms of this order shall not have the effect of

making any person, firm or corporation a party to any action in

which he, she, or it has not been named, served or added as such,

in accordance with the Federal Rules of Civil Procedure.

III. CAPTION

5. Every pleading or document filed in consolidated action

shall bear the following caption:

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

The Timberland Company, et al.

IV. ORGANIZATION OF PLAINTIFFS' COUNSEL

6. The organizational structure established by this order

shall bind plaintiffs' counsel in the consolidated action.

7. The law firms of Milberg Weiss Bershad Hynes & Lerach

and Stull, Stull & Brody shall serve as plaintiffs' co-lead

counsel provided they file, and the court approves, a motion for

admission to the bar of this court pro hac vice.

8. The law firm of Hahn & Associates shall serve as

2 plaintiffs' liaison counsel.

9. Plaintiffs' co-lead counsel shall be responsible for

coordinating and organizing plaintiffs in the conduct of this

litigation and, in particular, shall have the following

responsibilities:

(a) To brief and argue motions and file opposing briefs in

all matters relating to this consolidated action;

(b) To initiate and conduct discovery proceedings;

(c) To act as spokespersons at all court conferences;

(d) To negotiate with defense counsel with respect to all

matters, including settlement, but without authority to enter

binding agreements except to the extent expressly authorized;

(e) To call meetings of plaintiffs' counsel when

appropriate;

(f) To make all work assignments to plaintiffs' counsel to

facilitate the orderly and efficient prosecution of this

litigation and to avoid duplicative or unproductive efforts;

(g) To conduct pretrial, trial and post-trial proceedings;

(h) To consult with and employ experts;

(i) To perform such other duties and undertake such other

responsibilities as may be incidental to proper coordination of

plaintiffs' pretrial, trial and post-trial activities or as may

be authorized by further order of the court; and

(j) To coordinate and communicate with defendants' counsel

with respect to all matters.

3 10. No motion, request for discovery, or other pretrial

proceedings shall be initiated or filed by any plaintiff except

through plaintiffs' co-lead counsel, unless otherwise ordered by

the court.

11. Plaintiffs' co-lead counsel shall be the contact

between plaintiffs' counsel and defendants' counsel as well as

the spokespersons for plaintiffs' counsel. Plaintiffs' liaison

counsel shall also be responsible for communicating with the

court to coordinate the conduct of the litigation, including the

receipt and dissemination of court orders and notices.

Agreements with co-lead counsel are binding on all plaintiffs and

their counsel where executed by co-lead counsel in the interest

of all plaintiffs. All communications between the court and

plaintiffs' liaison counsel or co-lead counsel, or between

defense counsel and plaintiffs' liaison counsel or co-lead

counsel, shall be treated as if the court or any of the defense

counsel has communicated with all of plaintiffs' counsel in these

actions.

12. Co-lead counsel have accepted a position of leadership

in this case and are under a continuing and important obligation

to communicate with other plaintiffs and their counsel when faced

with major decisions affecting the legal status of the parties.

13. By consenting to this order, defendants do not concede

or waive any argument, defense, motion or objection under the

Federal Rules of Civil Procedure or other applicable law relating

4 either to the appropriateness of class certification in this

matter or to the capacity of the named plaintiffs or their

counsel to represent adequately any alleged plaintiff class.

V. SERVICE OF PAPERS

14. Defendants shall effect service of papers on plaintiffs

by serving a copy of same on plaintiffs' co-lead counsel and

liaison counsel by: (1) overnight mail service, (11) telecopy

and first class mail, or (ill) hand delivery. Plaintiffs shall

effect service of papers on defendants by serving a copy of same

on all defendants' counsel by: (1) overnight mail service, (11)

telecopy and first class mail, or (ill) hand delivery.

VI. CONSOLIDATED COMPLAINT

15. Plaintiffs shall file and serve a single consolidated

amended complaint (the "consolidated complaint") within sixty

days of entry of this order of the court. The consolidated

complaint will supersede all existing complaints filed in the

consolidated actions. Accordingly, defendants need not answer or

otherwise respond to the original complaints in the actions.

16. Plaintiffs' co-lead counsel shall be responsible for

preparing and filing the consolidated complaint and any

subsequent amended complaints. The consolidated complaint may be

served on those defendants already served with process through

their counsel. Each defendant shall answer or otherwise respond

5 to the consolidated complaint no later than sixty days from the

date of service. However, if defendants move to dismiss the

consolidated complaint, and such motion is denied, then

defendants shall have twenty days following entry of the order

denying said motion to file their answer to the consolidated

complaint.

VII. MODIFICATION OF THIS ORDER

Any party to these actions may move at any time for

modification of any part of this order and the court sua sponte

may modify any part of this order.

SO ORDERED.

Joseph A. DiClerico, Jr, Chief Judge April 24, 1995

cc: Edward L. Hahn, Esguire Steven E. Grill, Esguire John D. Donovan, Esguire