Free Motion to Appoint Counsel - District Court of Delaware - Delaware

Case 1 :04-cv-01488-JJF Document 10-2 Filed 03/10/2005 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROBERT V. TOWNES, IV, individually and ) Civil Action No. 04-1488
on behalf of all persons similarly situated, )
)
Plaintiff, )
)
vs. ) ‘
)
TRANSUNION, LLC and TRUELINK, INC., )
)
Defendants. )
[PROPOSED] INTERIM COUNSEL ORDER
WHEREAS designation of interim counsel is consistent with Rule 23 (g)(2)(A) of the
Federal Rules of Civil Procedure; and
WHEREAS Plaintiff Robert V. Townes IV has demonstrated that it is appropriate to
appoint his counsel as interim counsel;
NOW, THEREFORE, IT IS ORDERED:
ORGANIZATION OF COUNSEL
The Court designates the following law firms to act as Interim Counsel in this action with
the responsibilities hereinafter described:
Milberg Weiss Bershad & Schulman LLP
One Pennsylvania Plaza
New York, New York 10119
Telephone: (212) 594-5300
Facsimile: (212) 868-1229
Pope, McGlamry, Kilpatrick, Morrison &
Norwood, LLP
1111 Bay Avenue, Suite 450
P.O. Box 2128 (31902-2128)
Columbus, GA 31901
Telephone: (706) 324-0050
Facsimile: (706)-327-1536

Case 1 :04-cv—01488-JJF Document 10-2 Filed 03/10/2005 Page 2 of 3
Interim Counsel shall be generally responsible for coordinating the activities of Plaintiff during
the pendency of this action unless and until the Court appoints counsel for the class in cormection
with class certification proceedings. Interim Cotmsel shall:
(a) determine (after consultation with other co-counsel as may be appropriate) and
present (in briefs, oral argument, or such other fashion as may be appropriate,
personally or by a designee) to the Court and opposing parties the position of the
Plaintiff on all matters arising during the action;
(b) coordinate the initiation and conduct of discovery on behalf of Plaintiff consistent
with the requirements of Federal Rules of Civil Procedure, including the
preparation of written discovery, and the scheduling and examination of witnesses
in depositions;
(c) conduct settlement negotiations on behalf of Plaintiff;
(d) manage work assignments in a manner to ensure that preparation for Plaintiff is
conducted effectively, efficiently, and economically;
(e) enter into stipulations with opposing counsel necessary for the conduct of the
litigation;
(f) retain expert consultants and witnesses;
(g) maintain time and disbursement records covering services as Plaintiffs Interim
Cotmsel, and collect time and expense records from all Plaintiffs counsel;
(h) request, if necessary, contributions from other Plaintiffs counsel to further joint
efforts on behalf of Plaintiff;
(i) monitor the activities of co-counsel to ensure that schedules are met and
tmnecessary expenditures of time and fimds are avoided; and
(j) perform such other duties as may be incidental to proper coordination of
Plaintiff s case activities or authorized by further order of the Court.
Interim Counsel are designated as the spokespersons for Plaintiff with respect to all
substantive communications with the Court and with defense counsel in these actions. Other
Plaintiffs counsel may communicate on substantive matters with the Court or defense counsel
only if delegated to do so by Interim Counsel.
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Case 1 :04-cv—01488-JJF Document 10-2 Filed 03/10/2005 Page 3 of 3
COORDINATION
Interim Counsel shall coordinate activities to avoid duplication and inefficiency in the
tiling, serving and/or implementation of pleadings, other court papers, discovery papers, and
discovery practice.
PRIVILEGES PRESERVED
No communication among PIaintiff’ s counsel shall be taken as a waiver of any privilege
or protection to which they would otherwise be entitled. No communication among Defendants’
counsel shall be taken as a waiver of any privilege or protection to which they would otherwise
be entitled.
IT IS SO ORDERED
Dated: , 2005
Hon. Joseph J. F aman
United States District Judge
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