Opinion
Civil Action 1:22-cv-05127-JPO
09-06-2022
MARC MENZIONE, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. YEXT, INC., HOWARD LERMAN, and STEVEN CAKEBREAD, Defendants.
CLASS ACTION
ORDER APPOINTING LEAD PLAINTIFF AND APPROVING SELECTION OF LEAD COUNSEL
J. PAUL OETKEN UNITED STATES DISTRICT JUDGE
Having considered Operating Engineers Construction Industry and Miscellaneous Pension Fund's Motion for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel, and good cause appearing therefor, the Court ORDERS as follows:
1. The Motion is GRANTED.
2. Operating Engineers Construction Industry and Miscellaneous Pension Fund is appointed as Lead Plaintiff for the class pursuant to 15 U.S.C. §78u-4(a)(3)(B)(iii).
3. Robbins Geller Rudman & Dowd LLP is appointed as Lead Counsel for the class. Lead counsel shall have the following responsibilities and duties on behalf of lead plaintiff and the putative class:
(a) the briefing and argument of any and all motions;
(b) the conduct of any and all discovery proceedings including depositions;
(c) settlement negotiations;
(d) the pretrial discovery proceedings and the preparation for trial and the trial of this matter, and delegation of work responsibilities to selected counsel as may be required;
(e) the preparation and filing of all pleadings; and
(f) the supervision of all other matters concerning the prosecution or resolution of the action.
The Motion at Docket No. 24 is hereby GRANTED. The Motions at Docket No. 20 and Docket No. 17 are hereby DENIED.
The Clerk of Court is directed to close the motions at Docket Nos. 17, 20, and 24.
IT IS SO ORDERED.