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HORWITZ EX REL. JPMORGAN CHASE & CO. v. DIMON, 2:13-cv-02414-KJM-EFB. (2014)

Court: District Court, E.D. California Number: infdco20141017780 Visitors: 11
Filed: Oct. 16, 2014
Latest Update: Oct. 16, 2014
Summary: ORDER CONSOLIDATING ACTIONS KIMBERLY J. MUELLER, District Judge. In consideration of the parties' stipulation and proposed order, ECF No. 67 in 2:13-cv-02414-KJM-EFB, ECF No. 67 and ECF No. 12 in 2:14-cv-01489-KJM-EFB, the court orders as follows: 1. The actions of Horwitz v. Dimon, et al., No. 2:14-cv-01489-KJM-EFB, and In re JPMorgan Chase Derivative Litigation, Master File No. 2:13-cv-02414-KJM-EFB, are hereby consolidated for all purposes, including pretrial proceedings, trial, and ap
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ORDER CONSOLIDATING ACTIONS

KIMBERLY J. MUELLER, District Judge.

In consideration of the parties' stipulation and proposed order, ECF No. 67 in 2:13-cv-02414-KJM-EFB, ECF No. 67 and ECF No. 12 in 2:14-cv-01489-KJM-EFB, the court orders as follows:

1. The actions of Horwitz v. Dimon, et al., No. 2:14-cv-01489-KJM-EFB, and In re JPMorgan Chase Derivative Litigation, Master File No. 2:13-cv-02414-KJM-EFB, are hereby consolidated for all purposes, including pretrial proceedings, trial, and appeal;

2. Every pleading filed in the consolidated action, or in any separate action included herein, shall bear the caption identified in the Court's February 7, 2014 Order;

3. The Consolidated Shareholder Derivative Complaint filed on March 3, 2014 in In re JPMorgan Chase Derivative Litigation remains the operative pleading at issue in the consolidated action;

4. Pursuant to previous stipulation between the nominal defendant and the plaintiff in the Horwitz action, the motion to dismiss or, in the alternative, to transfer venue filed in In re JPMorgan Chase Derivative Litigation shall be deemed filed and fully briefed with respect to the complaint filed by Mr. Horwitz, with the briefs filed in opposition to the motion to dismiss or, in the alternative, to transfer venue deemed filed by Mr. Horwitz, and with no need for any of the defendants from the Horwitz action to further respond to Mr. Horwitz' complaint;

5. The parties from the Horwitz action, including plaintiff Mayer Horwitz, shall be bound by the Court's order on the pending motion to dismiss or, in the alternative, to transfer venue filed in In re JPMorgan Chase Derivative Litigation on May 16, 2014, including, but not limited to, any order denying or granting the motion, in whole or in part, and/or any order to dismiss the case with prejudice or that sets future deadlines to amend or answer the Consolidated Shareholder Derivative Complaint; and

6. Cotchett, Pitre & McCarthy, LLP remains Lead Counsel for plaintiffs in the consolidated action, with responsibility to coordinate and supervise the efforts of plaintiffs' counsel in the derivative actions, including any discovery, briefing, settlement, and trial.

IT IS SO ORDERED.

Source:  Leagle

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