`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`In re: Refrigerant Compressors
`Antitrust Litigation
`
`___________________________/
`
`Case No. 2:09-md-02042
`
`HONORABLE SEAN F. COX
`United States District Court
`
`ORDER APPOINTING INTERIM LEAD COUNSEL
`FOR DIRECT PURCHASER PLAINTIFFS
`
`Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court may designate
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`interim counsel to act on behalf of the putative class before determining whether to certify the
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`action as a class action. FED. R. CIV. P. 23(g)(2).
`
`The following motions containing requests for appointment of Interim Lead Counsel for
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`the Direct Purchaser Plaintiffs are currently pending before the Court:
`
`•
`
`•
`
`•
`
`“Motion by the Vast Majority of Direct Purchaser Plaintiffs for the Appointment
`of The Miller Law Firm, P.C. as Sole Interim Lead Counsel and that No
`Executive Committee be Appointed Now,” [Doc. No. 105], filed by the “Miller
`Group,” a group of eighty-one plaintiff firms in this action, seeking 1) the
`appointment of the Miller Law Firm, P.C. as the sole Interim Lead Counsel for
`the Direct Purchaser Plaintiffs; and 2) that No Interim Executive Committee be
`appointed at this time.
`
`“Motion to Appoint S. Thomas Weinner of Weinner & Gould, P.C. as an Interim
`Class/Liason Counsel and Gerald J. Rodos of Barrack, Rodos & Bacine, Bonny E.
`Sweeny of Coughlin Stoia Geller Rudman & Robbins LLP and Anthony D.
`Shapiro of Hagens Berman Sobol Shapiro LLP as Members of the Interim
`Executive Committee,” [Doc. No. 100], filed by a group of fourteen plaintiff
`firms in this action, seeking 1) the appointment of S. Thomas Weinner of Weinner
`& Gould, P.C. as the sole Interim Lead Counsel for the Direct Purchaser
`Plaintiffs; and 2) an Interim Executive Committee comprised of several plaintiff
`law firms.
`
`“Motion of Plaintiffs St. Boni Farm Store Corporation, The Mitchell Company,
`Inc. And Cincinnati Sub-Zero Products, Inc. For Appointment of (1) Berger &
`
`1
`
`
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`2:09-md-02042-SFC Doc # 114 Filed 11/02/09 Pg 2 of 3 Pg ID 1288
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`Montague, P.C. and Keating Muething & Klekanp PLL as Interim Class Counsel
`for the Direct Purchaser Plaintiffs, or, in the alternative, as Members of the
`Executive Committee; and (2) Gurewitz and Raban, PLC and/or Nagi, Baxter &
`Seymour, P.C. as Liason Counsel for the Direct Purchaser Plaintiffs,” [Doc. No.
`101], filed by a group of four plaintiff firms in this action, seeking 1) the
`appointment of Berger & Montague, P.C. and Keating Meuthing & Klekamp PLL
`as Interim Class Counsel, or, in the alternative, as members of the Interim
`Executive Committee; and 2) an Interim Executive Committee comprised of
`several plaintiff law firms.
`
`The Court finds that the issues have been adequately presented in the parties’ briefs and
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`other written submissions and that oral argument would not significantly aid the decisional
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`process. See E.D. Mich. Local Rule 7.1(e)(2). The Court therefore orders that the motions will
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`be decided without oral argument.
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`After careful consideration of the above motions, their supporting briefs, and exhibits to
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`same, this Court hereby GRANTS IN PART the Miller Group’s motion seeking appointment as
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`Interim Lead Counsel for the Direct Purchaser Plaintiffs [Doc. No. 105]. The Court concludes
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`that David H. Fink with the Miller Law Firm, P.C. is the applicant best able to represent the
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`interests of the putative class and therefore ORDERS that DAVID H. FINK and THE
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`MILLER LAW FIRM, P.C. are hereby APPOINTED AS INTERIM LEAD COUNSEL
`
`FOR THE DIRECT PURCHASER PLAINTIFFS. All other requests for Appointment of
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`Interim Lead Counsel, or Interim Co-Lead Counsel, are hereby DENIED.
`
`It is FURTHER ORDERED that DAVID H. FINK of THE MILLER LAW FIRM,
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`P.C., and S. THOMAS WEINNER of WEINNER & GOULD, P.C., are hereby
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`APPOINTED to the INTERIM EXECUTIVE COMMITTEE FOR PLAINTIFFS. The
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`Court intends to make further appointments to the Interim Executive Committee during the
`
`2
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`
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`2:09-md-02042-SFC Doc # 114 Filed 11/02/09 Pg 3 of 3 Pg ID 1289
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`course of the litigation and, therefore, the Court declines to rule on the remaining requests for
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`appointment to the Interim Executive Committee at this time.
`
`IT IS SO ORDERED.
`
`S/Sean F. Cox
`Sean F. Cox
`United States District Judge
`
`Dated: November 2, 2009
`
`I hereby certify that a copy of the foregoing document was served upon counsel of record on
`November 2, 2009, by electronic and/or ordinary mail.
`
`S/Jennifer Hernandez
`Case Manager
`
`3
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