Opinion
Civil Action Nos. 05-cv-02326-PSF-CBS, 05-cv-02600-REB-PAC.
March 9, 2006
ORDER TO CONSOLIDATE CASES
The Court, having considered the parties' Joint Motion to Consolidate Cases (Dkt. # 7), hereby ORDERS as follows:
1. Defendants need not respond to the individual complaints that have already been filed in this Court.
2. The following actions are related and should be consolidated for all purposes, including pre-trial proceedings and trial:
Abbreviated Case Name Case Number Date Filed Rist v. Stephenson, et al. 05-cv-02326-PSF-CBS November 16, 2005
Strassner v. Stephenson, et al. 05-cv-02600-REB-PAC December 22, 2005
3. Every pleading filed in these consolidated actions, or in any separate action included herein, shall bear the following caption:
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Phillip S. Figa
Civil Action No. 05-cv-02326-PSF-CBS (Consolidated with 05-cv-2600)
ALEXANDER RIST, derivatively on behalf of STARTEK, INC., Plaintiff, v.
A. EMMET STEPHENSON, JR., WILLIAM E. MEADE, JR., MICHAEL W. MORGAN, EUGENE L. McKENZIE, JR., PAMELA S. OLIVER, TONI E. STEPHENSON, ED ZSCHAU, HANK BROWN, MICHAEL S. SHANNON, KAY NORTON, ALBERT C. YATES, and LAWRENCE ZINGALE,
Defendants,
— and —
STARTEK, INC., a Delaware corporation, Nominal Defendant.
4. All future docket entries shall be made in the lead case, 05-cv-02326-PSF-CBS.
5. Plaintiffs shall file a Consolidated Derivative Complaint ("Complaint") no later than 20 days from the date of entry of this order, unless otherwise agreed between the parties and approved by the Court, which shall be deemed the operative complaint, superceding all complaints filed in any of the actions consolidated hereunder. Defendants shall have 20 days after the filing and service of the Complaint to file an answer or other responsive pleading. In the event that defendants file and serve any motions directed at the Complaint, plaintiffs shall file and serve their opposition within 20 days after the service of defendants' motion. If defendants file and serve a reply to plaintiffs' opposition, they will do so within 14 days after plaintiffs' service of the opposition.
6. The Co-Lead Counsel for plaintiffs for the conduct of these consolidated actions is:
ROBBINS UMEDA FINK, LLP BRIAN J. ROBBINS MARC M. UMEDA 610 West Ash Street, Suite 1800 San Diego, CA 92101 Telephone: 619-525-3990 Facsimile: 619-525-3991
THE LAW OFFICES OF F. JAMES DONNELLY F. JAMES DONNELLY 6076 South Chester Way Greenwood Village, CO 80111 Telephone: 720-493-9814 Facsimile: 720-493-9815
7. Plaintiffs' Co-Lead Counsel shall have authority to speak for plaintiffs in matters regarding pre-trial procedure, trial and settlement negotiations and shall make all work assignments in such manner as to facilitate the orderly and efficient prosecution of this litigation and to avoid duplicative or unproductive effort.
8. Plaintiffs' Co-Lead Counsel shall be responsible for coordinating all activities and appearances on behalf of plaintiffs and for the dissemination of notices and orders of this Court. No motion, request for discovery, or other pre-trial or trial proceedings shall be initiated or filed by any plaintiffs except through plaintiffs' Co-Lead Counsel.
9. Defendants' counsel may rely upon all agreements made with any of plaintiffs' Co-Lead Counsel, or other duly authorized representative of plaintiffs' Co-Lead Counsel, and such agreements shall be binding on plaintiffs. This order shall apply to each case arising out of the same or substantially the same transactions or events as these cases, which is subsequently filed in, removed to or transferred to this Court.