Filed: Jan. 05, 2015
Latest Update: Jan. 05, 2015
Summary: STIPULATION AND [PROPOSED] ORDER RE INCORPORATION OF JOHNSON CLAIMS IN CONSOLIDATED AMENDED COMPLAINT CLAUDIA WILKEN, District Judge. WHEREAS on November 26, 2014 the Court ordered Johnson v. National Collegiate Athletic Association, et al., Case No. 4:14-cv-05126 (the " Johnson Action"), related to this Multi-District Litigation entitled In Re: National Collegiate Athletic Association Athletic Grant-In-Aid Cap Antitrust Litigation (MDL Dkt. 66); WHEREAS Counsel for the Plain
Summary: STIPULATION AND [PROPOSED] ORDER RE INCORPORATION OF JOHNSON CLAIMS IN CONSOLIDATED AMENDED COMPLAINT CLAUDIA WILKEN, District Judge. WHEREAS on November 26, 2014 the Court ordered Johnson v. National Collegiate Athletic Association, et al., Case No. 4:14-cv-05126 (the " Johnson Action"), related to this Multi-District Litigation entitled In Re: National Collegiate Athletic Association Athletic Grant-In-Aid Cap Antitrust Litigation (MDL Dkt. 66); WHEREAS Counsel for the Plaint..
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STIPULATION AND [PROPOSED] ORDER RE INCORPORATION OF JOHNSON CLAIMS IN CONSOLIDATED AMENDED COMPLAINT
CLAUDIA WILKEN, District Judge.
WHEREAS on November 26, 2014 the Court ordered Johnson v. National Collegiate Athletic Association, et al., Case No. 4:14-cv-05126 (the "Johnson Action"), related to this Multi-District Litigation entitled In Re: National Collegiate Athletic Association Athletic Grant-In-Aid Cap Antitrust Litigation (MDL Dkt. 66);
WHEREAS Counsel for the Plaintiffs in the Johnson Action agrees by this stipulation to add the Johnson Action Plaintiffs Mr. Johnson, Mr. Brunetti, and Mr. Stephens and their claims to the Consolidated Amended Complaint in this MDL; and
WHEREAS Defendants have previously answered the Consolidated Amended Complaint (MDL Dkt. 145-149, 151, 154, 156, 158-161).
THEREFORE, the MDL Plaintiffs' Interim Co-Lead Class Counsel, counsel for the Plaintiffs in the Johnson Action, and all Defendants' counsel hereby stipulate and agree that Plaintiffs Kenyata Johnson, Barry Brunetti, and Dalenta Jameral "D.J." Stephens shall be treated as additional plaintiffs in the MDL action's Consolidated Amended Complaint (MDL Dkt. 60), and that the Johnson Complaint shall be deemed amended and replaced by the Consolidated Amended Complaint and paragraphs 24-34 of the Johnson Complaint describing Plaintiffs Kenyata Johnson and Barry Brunetti are hereby incorporated into the Consolidated Amended Complaint as paragraphs 117E-O, and paragraphs 35-39 of the Johnson Complaint describing Plaintiff Dalenta Jameral "D.J." Stephens are hereby incorporated into the Consolidated Amended Complaint as paragraphs 128A-E.
Plaintiffs' Interim Co-Lead Class Counsel, counsel for the Plaintiffs in the Johnson Action, and all Defendants' counsel further stipulate and agree that Defendants' Answers to the Consolidated Amended Complaint shall be deemed amended to respond to paragraphs 117E-O and paragraphs 128A-E to state that: (i) each Defendant lacks sufficient knowledge or information to form a belief as to the truth of the allegations in paragraph 117E-I, 117K-N, and paragraphs 128A-D and on that basis denies them; (ii) each Defendant denies the allegations in paragraphs 117J, 117O, and 128E. By virtue of the above described amendment and incorporation, Defendants are relieved of any further obligation to respond separately to the Johnson Complaint.
PURSUANT TO STIPULATION IT IS SO ORDERED.
