Opinion
22-CV-09535 (PMH)
12-22-2022
ARMANDO CARRASCO, individually, and on behalf of all others similarly situated, Plaintiff, v. SOMNIA, INC., Defendant.
ORDER
PHILIP M. HALPERN, United States District Judge:
On December 13, 2022, Plaintiff filed a letter seeking a pre-motion conference in connection with an anticipated motion to consolidate certain related actions pending before this Court and to appoint interim co-lead class counsel (the “Carrasco letter”). (Doc. 10). Plaintiff also filed the Carrasco letter in the related actions sought to be consolidated: (1) Chabak v. Somnia, Inc., No. 7:22-cv-09341 (“Chabak”); (2) Polk, et al. v. Somnia, Inc., No. 7:22-cv-09549 (“Polk”); (3) Booth Harris v. Somnia, Inc., et al., No. 7:22-cv-09550 (“Booth Harris”); (4) Weiscope v. Resource Anesthesiology Associates of IL, P.C., et al., No. 7:22-cv-09643 (“Weiscope”); and (5) Henderson, et al. v. Somnia, Inc., et al., No. 7:22-cv-09960 (“Henderson”). The Court thereafter entered an Order directing that responses to the Carrasco letter be filed by the parties in each of the foregoing cases. On December 21, 2022, the Court granted a request to respond to the Carrasco letter in another related action, Sommers v. Somnia, Inc. et al., 7:22-cv-10572 (“Sommers”).
On December 21, 2022, plaintiff's counsel in Chabak filed a letter responding to the Carrasco letter on behalf of plaintiffs in Chabak, Polk, Booth Harris, Weiscope, and Henderson; and plaintiff's counsel in Sommers filed its own response to the Carrasco letter. The plaintiffs in all seven related actions agree that consolidation and appointment of interim class counsel is appropriate, but disagree as to which counsel should be appointed.
Accordingly, the Court has scheduled a pre-motion conference to be held on January 25, 2023 at 3:00 p.m. to be held in Courtroom 520 of the White Plains courthouse.
The Clerk of Court is respectfully directed to docket this Order in each of the following actions: (1) Chabak v. Somnia, Inc., No. 7:22-cv-09341; (2) Carrasco v. Somnia, Inc., No. 7:22-cv-09535; (3) Polk, et al. v. Somnia, Inc., No. 7:22-cv-09549; (4) Booth Harris v. Somnia, Inc., et al., No. 7:22-cv-09550; (5) Weiscope v. Resource Anesthesiology Associates of IL, P.C., et al., No. 7:22-cv-09643; (6) Henderson, et al. v. Somnia, Inc., et al., No. 7:22-cv-09960; and (7) Sommers v. Somnia, Inc. et al., 7:22-cv-10572.
SO ORDERED