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Rinehart v. Lehman Brothers Holdings, Inc. et al

MEMORANDUM OF LAW in Support re: 5 MOTION to Consolidate Cases 08-cv-5598; 08-cv-6245; 08-cv-6282 And For Appointment of Interim Lead Plaintiff, Interim Lead Counsel and Interim Liaison Counsel.. Document

9 Cited authorities

  1. Johnson v. Celotex Corp.

    899 F.2d 1281 (2d Cir. 1990)   Cited 550 times   1 Legal Analyses
    Finding that "courts have taken the view that considerations of judicial economy favor consolidation"

  2. Cole v. Schenley Industries, Inc.

    563 F.2d 35 (2d Cir. 1977)   Cited 54 times
    Considering the jurisdictional basis of each complaint in a federally consolidated action separately

  3. In re Diebold Erisa Litigation

    CASE NO. 5:06 CV 0170 (N.D. Ohio May. 28, 2008)   Cited 7 times

    CASE NO. 5:06 CV 0170. May 28, 2008 MEMORANDUM OPINION AND ORDER PETER ECONOMUS, District Judge This matter is before the Court on Defendants' motion to dismiss Plaintiffs' Consolidated Class Action Complaint. (Doc. No. 44.) I. Background This consolidation class action seeks recovery for former Diebold employees who invested in Diebold stock through the company's 401(k) Savings Plan (the "Plan"). It is premised on violations of the Employee Retirement Income Security Act ("ERISA"), and names as

  4. In re Cardinal Health, Inc.

    Civil Action 2:04-CV-643 (S.D. Ohio Apr. 26, 2006)

    Civil Action 2:04-CV-643. April 26, 2006 ORDER NORAH KING, Magistrate Judge With the agreement of the parties, the motion to certify, Doc. No. 98, is WITHDRAWN. The joint motion to stay briefing on that motion to certify, Doc. No. 99, is DENIED as MOOT.

  5. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,789 times   1232 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  6. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,229 times   169 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  7. Rule 42 - Consolidation; Separate Trials

    Fed. R. Civ. P. 42   Cited 9,194 times   23 Legal Analyses
    Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

  8. Section 1109 - Liability for breach of fiduciary duty

    29 U.S.C. § 1109   Cited 2,486 times   9 Legal Analyses
    Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"

  9. Section 1 - Design and duties of bureau generally

    29 U.S.C. § 1   Cited 61 times

    The general design and duties of the Bureau of Labor Statistics shall be to acquire and diffuse among the people of the United States useful information on subjects connected with labor, in the most general and comprehensive sense of that word, and especially upon its relation to capital, the hours of labor, the earnings of laboring men and women, and the means of promoting their material, social, intellectual, and moral prosperity. 29 U.S.C. § 1 June 13, 1888, ch. 389, §1, 25 Stat. 182; Feb. 14