Opinion
02 Civ. 2637 (DLC), 03 Civ. 1712 (DLC), 03 Civ. 1713 (DLC), 03 Civ. 1714 (DLC), 03 Civ. 1715
August 11, 2003
ORDER
Plaintiffs in the action captioned Brook et al. v. AT T Cellular Services Inc., et al., No. 02 Civ. 2637, filed suit in United States District Court for the Southern District of New York on April 5, 2002, alleging antitrust class action claims against national wireless services carriers. The Brook plaintiffs filed an Amended Class Action Complaint ("Amended Complaint") on January 9, 2003. The Judicial Panel on MultiDistrict Litigation transferred four additional class actions alleging similar claims to the Southern District of New York for consolidation or coordination for pre-trial purposes. Those cases have also been assigned to the undersigned. Plaintiffs in the transferred actions are represented by the same counsel as plaintiffs in the Brook action.
Nos. 03 Civ. 1712, 03 Civ. 1713, 03 Civ. 1714, 03 Civ. 1715 (DLC).
Having held a conference on July 29, 2003, to address whether the above-captioned actions should be consolidated for pre-trial purposes, it is hereby ORDERED as follows,
I. CONSOLIDATION
1. Brook, Troung, Beller, Millen and Morales, Nos. 02 Civ. 2637, 03 Civ. 1712, 03 Civ. 1713, 03 Civ. 1714, and 03 Civ. 1715, are consolidated for pretrial purposes pursuant to Rule 42(a), Fed.R.Civ.P. ("Consolidated Wireless Actions"). They shall be referred to collectively as In re Wireless Telephone Services Antitrust Litigation, Master File No. 02 Civ. 2637 (DLC) ("Wireless Litigation").
2. No action taken hereunder shall have the effect of making any person, firm or corporation a party to any action in which the person or entity has not been named, served, or added as such in accordance with the Federal Rules of Civil Procedure.
II. MASTER DOCKET AND SEPARATE ACTION DOCKETS
3. A Master Docket is hereby established for the consolidated proceedings in the actions consolidated herein and any other actions subsequently consolidated with them (the "Consolidated Wireless Actions"). Entries in said Master Docket shall be applicable to the Consolidated Wireless Actions, and entries shall be made therein in accordance with the regular procedures of the Clerk of this Court, except as modified by this Order.
4. When a pleading is filed and the caption, pursuant to this Order, shows that it is applicable to "All Actions," the Clerk shall file such pleading in the Master File and note such filing in the Master Docket. No further copies need be filed nor other docket entries made.
III. NEWLY FILED OR TRANSFERRED ACTIONS
5. When an action that relates to the same subject matter as the Consolidated Wireless Actions is hereafter filed in or transferred to this Court and assigned to the undersigned, it shall be consolidated with these actions in the same manner as the cases identified in Section I above, except as provided below, and the Clerk of Court shall:
a. File a copy of this Order in the separate file for such action; and
b. Make an appropriate entry in the Master Docket.
6. Any defendant who has notice of the filing in or transfer to this Court of a related case shall
a. Mail a copy of this Order to the attorneys for the plaintiff(s) in the newly filed or transferred case; and
b. File a notice of service of this Order with the Clerk of Court to be docketed and filed in the Master File.
7. The Court requests the assistance of counsel in calling to the attention of the Clerk the filing or transfer of any case which might properly be consolidated with these actions.
IV. APPLICATION OF THIS ORDER TO SUBSEQUENT CASES
8. This Order shall apply to each action brought alleging antitrust claims against national wireless services carriers and assigned to the undersigned which is subsequently filed in or transferred to this Court, and which is assigned to the undersigned unless a party objecting to the consolidation of that action or to any other provision of this Order serves an application for relief from this Order or from any of its provisions within ten (10) days after the date on which the Clerk mails a copy of this Order to counsel for that party. The provisions of this Order shall apply to such action pending the Court's ruling on the application.
9. Unless a plaintiff in a subsequently filed or transferred case is permitted by the Court to use a separate complaint, defendants shall not be required to answer, plead or otherwise move with respect to that complaint in any such case.
If a plaintiff in any such case is permitted to use a separate complaint, each defendant shall have thirty days from the date the Court grants such permission within which to answer, plead or otherwise move with respect to any such complaint.
V. CAPTIONS
10. Every pleading filed in the Consolidated Wireless Actions, and in any separate action included therein, shall bear the following caption:
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK IN RE WIRELESS TELEPHONE SERVICES ANTITRUST LITIGATION MASTER FILE
02 Civ. 2637 (DLC)
This Document Relates To:
11. When a pleading is intended to be applicable to all actions to which this Order applies, the words "All Actions" shall appear immediately after the words "This Document Relates To:" in the caption. When a pleading is intended to apply only to less than all of such actions, the docket number for each individual action to which it is intended to apply and the name of the plaintiff in said action shall appear immediately after the words "This Document Relates To:" in the caption.
VI. FILING AND DOCKETING
12. When a paper is filed and the caption shows that it is applicable to All Actions, the Clerk shall file it in the Master File and note such filing in the Master Docket. No other docket entries need be made nor copies filed in other files.
13. When a paper is filed and the caption shows that it is applicable to less than All Actions, the Clerk shall file the original of the paper in the Master File and a copy in the file of each separate action to which it applies and shall note such filing in the Master Docket and in the docket of each such separate action. The party filing such paper shall supply the Clerk with sufficient copies of any paper to permit compliance with this paragraph.
VII. LEAD PLAINTIFF; LEAD PLAINTIFF'S COUNSEL
14. Plaintiffs in Brook are hereby appointed Lead Plaintiffs.
15. The Law Offices of Scott A. Bursor shall serve as Lead Counsel for all plaintiffs in the Consolidated Wireless Actions.
16. Lead Counsel shall have the following responsibilities:
a. Sign any consolidated complaint, motions, briefs, discovery requests, objections, or notices on behalf of all plaintiffs or those plaintiffs filing the particular papers.
b. Conduct all pretrial proceedings on behalf of plaintiffs.
c. Brief and argue motions.
d. Initiate and conduct discovery.
e. Speak on behalf of plaintiffs at any pretrial conference.
f. Employ and consult with experts.
g. Conduct settlement negotiations with defense counsel on behalf of plaintiffs.
VIII. SCHEDULE
17. As discussed at the July 29 Conference, the Amended Complaint filed January 9, 2003 in the Brook litigation shall serve as the Consolidated Amended Class Action Complaint ("Complaint") for all Consolidated Wireless Actions and the pending motion to dismiss the Complaint shall be deemed a motion pending in the Consolidated Wireless Actions.18. As discussed at the July 29 Conference, in the event the Complaint survives the motion to dismiss, plaintiffs shall have the opportunity to amend the Complaint's definition of the geographic market(s) in which their claims arise.
19. Defendants shall have no obligation to move, answer, or otherwise respond to any of the complaints in the actions 9 consolidated herein or any actions subsequently consolidated with them.