Free Proposed Order - District Court of Delaware - Delaware

Case 1:06-cv-00010-SLR

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UNITED STATES DISTRICT COURT DISTRICT FOR THE DISTRICT OF DELAWARE

J. MICHAEL CHARLES; MAURICE W. ) WARD, JR.; and JOSEPH I. FINK, JR., on behalf ) of themselves and all others similarly situated, ) ) Plaintiffs, ) ) v. ) ) PEPCO HOLDINGS, INC; CONECTIV, and ) PEPCO HOLDINGS RETIREMENT PLAN, ) ) Defendants. ) ) THOMAS S. TROUP, on behalf of himself and ) all others similarly situated, ) ) Plaintiff, ) ) v. ) ) PEPCO HOLDINGS, INC; CONECTIV, and ) PEPCO HOLDINGS RETIREMENT PLAN, ) ) Defendants. ) )

CIVIL ACTION NO. 05-702 (SLR)

CIVIL ACTION NO. 06-10 (SLR)

STIPULATION AND [PROPOSED] ORDER FOR CONSOLIDATION WHEREAS, these actions assert claims under ERISA against the same defendants relating to the same defined benefit pension plan; NOW THEREFORE, Plaintiffs and defendants, by and through their respective counsel, hereby stipulate and agree (subject to Court approval) as follows: 1. Actions. Consolidation of Actions. Until further Order of the Court, the above-captioned

actions hereby are consolidated for all purposes pursuant to Fed. R. Civ. P. 42(a). The terms of this Order for consolidation also will apply to all actions subsequently filed in, removed to, or transferred to this Court (including cases transferred for pretrial purposes under 28 U.S.C. § 1407)

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which the Court deems related under Local Rule 3.1(b). Counsel of record are hereby directed to notify the clerk of any newly filed or transferred action that they believe should be consolidated pursuant to this order. Counsel are further directed to serve a copy of this order on all counsel appearing in a newly filed or transferred action that they believe should be consolidated pursuant to this order, and objections to the consolidation of such newly filed or transferred cases shall be filed within 10 days thereafter and served upon counsel of record. 2. Case. Designation of Lead Case The parties will e-file all pleadings, motions and other

papers in accordance with this Court's standing order dated February 8, 2005 re Electronic Case Filing Policies and Procedures and its Administrative Procedures Governing Filing and Service by Electronic Means. Charles v. Pepco Holdings, Inc., No. 05-702 (SLR) is hereby designated as the lead case, and all future filings shall be made in the lead case only. 3. Filings. Captions and Filings Orders, pleadings, motions, and other documents filed in

each of the cases will bear the following caption: UNITED STATES DISTRICT COURT DISTRICT FOR THE DISTRICT OF DELAWARE J. MICHAEL CHARLES; MAURICE W. ) WARD, JR.; and JOSEPH I. FINK, JR., on behalf ) of themselves and all others similarly situated, ) ) Plaintiffs, ) ) v. ) ) PEPCO HOLDINGS, INC; CONECTIV, and ) PEPCO HOLDINGS RETIREMENT PLAN, ) ) Defendants. ) ) 4. CIVIL ACTION NO. 05-702 (SLR) (Lead Case)

Service of Papers. The duty of the parties to serve one another with pleadings,

motions and other papers under Rule 5 of the Federal Rules of Civil Procedure shall be as follows:

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a.

Where a pleading, motion or other paper is e-filed, the transmission of the

Notice of Electronic Filing through the ECF system shall be deemed to satisfy Fed. R. Civ. P. 5(b)(2)(D), in accordance with this Court's standing order dated February 8, 2005 re Electronic Case Filing Policies and Procedures and its Administrative Procedures Governing Filing and Service by Electronic Means; b. or overnight courier. Dated: July 18, 2006 CHIMICLES & TIKELLIS LLP By: /s/ A. Zachary Naylor Pamela S. Tikellis (#2172) A. Zachary Naylor (#4439) One Rodney Square P.O. Box 1035 Wilmington, DE 19899 302-656-2500 (telephone) 302-656-9053 (fax) and CHIMICLES & TIKELLIS LLP James R. Malone, Jr. (pro hac vice) Joseph G. Sauder (pro hac vice) One Haverford Centre 361 West Lancaster Avenue Haverford, PA 19041 610-642-8500 (telephone) 610-649-3633 (fax) Attorneys for Plaintiffs All other pleadings, motions or other papers shall be served via e-mail, fax,

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Dated: July 18 , 2006

PEPPER HAMILTON LLP

By: /s/ M. Duncan Grant M. Duncan Grant (#2994) Phillip T. Mellet (#4741) Hercules Plaza, Suite 5300 1313 Market Street Wilmington, DE 19899-1709 302-777-6500 (telephone) 302-421-8390 (fax) and PEPPER HAMILTON LLP Susan Katz Hoffman (pro hac vice) Larry R. Wood, Jr. Kay Kyungsun Yu (pro hac vice) Barak A. Bassman (pro hac vice) 3000 Two Logan Square 18th and Arch Streets Philadelphia, PA 19103-2799 215-981-4000 (telephone) 215-981-4750 (fax) Attorneys for Defendants

[PROPOSED] ORDER Approved and so Ordered this ______ day of _____________________, 2006. BY THE COURT:

Sue L. Robinson Chief U.S. District Judge

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