Opinion
Case No. 2:20-cv-04534 Case No. 2:20-cv-04813 Case No. 2:20-cv-05128 Case No. 2:20-cv-05237 Case No. 2:20-cv-05529 Case No. 2:20-cv-05610 Case No. 2:20-cv-05876
11-17-2020
ROBERTA BLOOM, et al., Plaintiffs, v. MICHAEL J. ANDERSON, et al., Defendants, FIRSTENERGY CORP., Nominal Defendant. EMPLOYEES RETIREMENT SYSTEM OF THE CITY OF ST. LOUIS, Plaintiff, v. CHARLES E. JONES, et al., Defendants, FIRSTENERGY CORP., Nominal Defendant. ELECTRICAL WORKERS PENSION FUND, LOCAL 103, I.B.E.W., Plaintiff, v. MICHAEL J. ANDERSON, et al., Defendants, FIRSTENERGY CORP., Nominal Defendant. MASSACHUSETTS LABORERS PENSION FUND, Plaintiff, v. CHARLES E. JONES, et al., Defendants, FIRSTENERGY CORP., Nominal Defendant. THE CITY OF PHILADELPHIA BOARD OF PENSIONS AND RETIREMENT, Plaintiff, v. MICHAEL J. ANDERSON, et al., Defendants, FIRSTENERGY CORP., Nominal Defendant. JAMES ATHERTON, Plaintiff, v. MICHAEL J. DOWLING, et al., Defendants, FIRSTENERGY CORP., Nominal Defendant. ANDREW BEHAR, Plaintiff, v. MICHAEL J. ANDERSON, et al., Defendants, FIRSTENERGY CORP., Nominal Defendant.
Magistrate Judge Jolson
OPINION AND ORDER
On November 9, 2020, this Court held a hearing to consider whether to consolidate multiple derivative actions against the directors and officers of FirstEnergy Corp. ("FirstEnergy") that are pending in the Southern District of Ohio (the "FirstEnergy Derivative Actions"). (See No. 2:20-cv-04534, ECF Nos. 42, 45). At the hearing, the Court also heard arguments on two competing motions for Lead Plaintiff and Lead Counsel. On November 16, 2020, this Court entered an Order granting consolidation, appointing Plaintiffs Employees Retirement System of the City of St. Louis ("St. Louis Employees") and Electrical Workers Pension Fund, Local 103, I.B.E.W. ("Electrical Workers") as Co-Lead Plaintiffs; appointing Saxena White P.A. and Bernstein Litowitz Berger & Grossman LLP as Co-Lead Counsel; and appointing the Law Offices of John C. Camillus LLC as Liaison Counsel (the "Derivative Actions Appointment Order"). (See id.; ECF No. 48). The Court denied the appointments of The City of Philadelphia Board of Pensions and Retirement ("Philadelphia Pensions") as Lead Plaintiff, of Berger Montague PC as Lead Counsel, and of O'Connor, Haseley & Wilhelm as Liaison Counsel. (Id.).
The FirstEnergy Derivative Actions include: Bloom v. Anderson, No. 2:20-cv-04534 (S.D. Ohio); Employees Retirement System of the City of St. Louis v. Jones, No. 2:20-cv-04813 (S.D. Ohio); Electrical Workers Pension Fund, Local 103, I.B.E.W. v. Anderson, No. 2:20-cv-05128 (S.D. Ohio); Massachusetts Laborers Pension Fund v. Jones, No. 2:20-cv-05237 (S.D. Ohio); The City of Philadelphia Board of Pensions and Retirement v. Anderson, No. 2:20-cv-05529 (S.D. Ohio); and Atherton v. Dowling, No. 2:20-cv-05610 (S.D. Ohio). --------
On November 12, 2020, Plaintiff Andrew Behar filed an additional derivative action against the directors and officers of FirstEnergy (the "Behar Action"). (No. 2:20-cv-05876-EAS, ECF No. 1). On November 13, 2020, Mr. Behar also filed a motion supporting the appointment of Philadelphia Pensions as Lead Plaintiff and Berger Montague as Lead Counsel. (Id., ECF No. 3). Due to a technical error, the Behar Action was not determined to be related to the FirstEnergy Derivative Actions until November 16, 2020, after the Derivative Actions Appointment Order was docketed. (See id., ECF No. 4).
Accordingly, this Order supplements the Court's Derivative Actions Appointment Order entered on November 16, 2020, and sets forth the following:
First, the Behar Action is related to the FirstEnergy Derivative Actions and shares common questions of fact and law with them. Given these commonalities, the Court finds that consolidation will promote judicial economy and conserve the parties' resources. The Court also finds that consolidation is unlikely to prejudice the rights of any party. As such, the Behar Action will be consolidated with the FirstEnergy Derivative Actions.
Second, the Court reviewed Mr. Behar's motion supporting Philadelphia Pensions' request to be appointed Lead Counsel but finds that nothing in it changes the Court's analysis in the Derivative Actions Appointment Order. The Court's appointment of St. Louis Employees and Electrical Workers as Co-Lead Plaintiffs therefore remains unchanged.
Accordingly, the Court ORDERS Case No. 2:20-cv-05876 to be consolidated with the FirstEnergy Derivative Actions. The Court does not otherwise amend the Derivative Actions Appointment Order.
IT IS SO ORDERED.
/s/ _________
ALGENON L. MARBLEY
CHIEF UNITED STATES DISTRICT JUDGE DATED: November 17, 2020