United States District Court, D. Minnesota
IN RE CENTURYLINK SALES PRACTICES AND SECURITIES LITIGATION This Document Relates to Civil File Nos. 18-2460, 18-2833, 18-2834, 18-2835, 19-263, 19-284
M. Perry, Perry & Perry, PLLP, and Thomas J. McKenna and
Gregory M. Egleston, Gainey McKenna & Egleston, Counsel
for Plaintiffs Sona Andresian, Glen Walker, and Michael
William B. Federman, Federman & Sherwood, and Gregg M.
Corwin, Gregg M. Corwin & Associate Law Office, PC,
Counsel for Plaintiff Inter-Marketing Group USA, Inc.
C. Aguilar and Brian J. Robbins, Robbins Arroyo LLP, and
Garrett D. Blanchfield, Reinhardt Wendorf & Blanchfield,
Counsel for Plaintiff Edward Tansey.
Lawrence P. Eagel, David J. Stone, and Melissa A. Fortunato,
Bragar Eagel & Squire, P.C., Counsel for Plaintiff Tim
Michael I. Fistel, Jr., Johnson Fistel, LLP, Counsel for
Plaintiff Neil T.S. Flanders.
M. Ficaro, Robert B. Weiser, and Brett D. Stecker, The Weiser
Law Firm, P.C., Counsel for Plaintiff Dennis Palkon.
MEMORANDUM OF LAW & ORDER
Michael J. Davis Judge.
matter is before the Court on Plaintiff Inter-Marketing Group
USA, Inc.'s Motion to Consolidate Related Shareholder
Derivative Action, Appoint Lead or Co-lead Plaintiff, and
Approve Its Selection of Lead or Co-lead Counsel [Docket No.
330]; Application by Plaintiff Edward Tansey for Appointment
of Lead and Liaison Counsel in Consolidated Derivative Action
[Docket No. 332]; and Plaintiff Ault's Motion for
Appointment of Lead Plaintiff and Lead Counsel [Docket No.
342]. Also before the Court is Michael Hartleib's Motion
for Acceptance of Amicus Curiae Brief in Opposition to the
Appointment of the Robbins Arroyo and Weiser Firms as Lead
Counsel and Notice of Intent to Attend the Hearing on 3-6-19.
[Docket No. 381]
Court heard oral argument on March 6, 2019.
Overview of the Consolidated Derivative Action
6, 2018, Plaintiff Neil Flanders filed a verified derivative
complaint against Nominal Defendant CenturyLink, Inc.,
(“CenturyLink”) and its officers and directors in
the Western District of Louisiana. Later that same day,
Plaintiff Tim Ault filed a similar action in the same court.
Michael Barbree, Glen Walker, and Sona Andresian filed a
similar complaint in the same court on July 3, 2018. On
August 23, 2018, Plaintiff Edward Tansey filed a similar
derivative action in the District of Minnesota.
October 3, 2018, based on an order from the Judicial Panel on
Multidistrict Litigation (“JPML”), the Flanders
Action, Ault Action, and Barbree Action were transferred to
the District of Minnesota for inclusion in the CenturyLink
MDL. [Docket No. 285]
December 4, 2018, this Court entered an order consolidating
the four derivative actions that had been filed in or
transferred to this Court: Tansey v. Perry, Civil
File No. 18-2460, Flanders v. Post, Civil File No.
18-2833, Ault v Post, Civil File No. 18-2834, and
Barbree v. Bejar, Civil File No. 18-2835. [Docket
No. 310] Since that time, the JPML has transferred two
additional derivative actions to this District,
Inter-Marketing Group USA, Inc. v. Storey, Civil
File No. 19-263, and Palkon v. CenturyLink, Inc.,
Civil File No. 19-284.
6, 2018, Ault filed a verified derivative complaint against
CenturyLink and its officers and board members in the Western
District of Louisiana. Ault now moves for an order appointing
him Lead Plaintiff, appointing Bragar Eagel & Squire,
P.C. (“Bragar”) as Lead Counsel for the
Consolidated Derivative Action, and entering a scheduling
order for the filing of a consolidated ...