Free Notice (Other) - District Court of Delaware - Delaware

Case 1:04-cv-01488-JJF Document 37 Filed O1/20/2006 Page1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROBERT V. TOWNES, IV, )
individually and on behalf of )
all persons similarly situated, )
) Civil Action No. 04-148 8-J J F
Plaintiff, )
)
vs. )
)
TRANSUNION, LLC and )
TRUELINK, INC., )
)
Defendants. )
NOTICE OF SUBSEQ QUENTLY FILED ACTION AGAINST
DEFENDANT TRUELINK, INC. _
Plaintiff Robert V. Townes, IV, individually and on behalf of the putative class
identified in his Complaint, respectfully advises the Court of a subsequently tiled case
against Defendant TrueLink, Inc. ("T1ueLink"), captioned Millett v. Truelink, Inc., C.A.
No. 05-0599 (SLR). The Millett Court has been advised by counsel for TrueLink of the
existence of the Townes "related action" both by letter and in TrueLink’s responses to
certain motions filed by the plaintiffs in that case.
In responding to the Millett counsel’s motion for appointment of interim counsel,
Defendant TrueLink stated that ". . . some, if not all, members of the putative class inthe
above-captioned [Millett] action are members of the putative class action in Townes, and
both actions assert a common federal statutory claim against the same defendant."
Defendant’s Response to Motion for Appointment of Interim Counsel in Millett at 2
(attached hereto as Ex. l). TrueLink further stated, "Because these actions ‘arise from
the same or substantially identical transactions’, and ‘involve the same or substantially

Case 1:04-cv-01488-JJF Document 37 Filed O1/20/2006 Page 2 of 3
the same parties,’ Local Rule 3.l(b), TrueLink respectfully submits that these cases are
related and should be assigned to one judge for coordination." gl; ge @ Q. at n. l
("...it appears that the putative class members in the above-captioned action would be
mostly, if not entirely, subsumed within the putative class sought to be certified in
I -")
T1ueLink further advises the @@ Court that " . . . Judge Farnan has already
appointed interim class counsel in @ by order dated October 31, 2005, and entered
November 4, 2005 .... Given the overlapping claims and classes between Townes v.
TransUnion LLC and TrueLink, Inc. and the above captioned ] action, the
appointment of [the plaintiffs’ counsel as interim class counsel may create the
rivalry and uncertainty that Judge Fa.man’s prior order was intended to avoid." E. at 3.
Plaintiff Townes agrees with TrueLink that coordination of the and
actions is appropriate at this time. The action is to at least some extent
subsumed within or affected by the @1g case. Judicial economy would be furthered
by such coordination. ge Local Rule 3.l(b)(4) (coordination of actions can avoid
substantial duplication of labor).
Plaintiff Townes also agrees that the appointment ofthe counsel as interim
class counsel pursuant to Fed.R.Civ.P. 23 (g) in these circumstances would undermine the
very purpose behind the Rule. Because the @ counsel have been appointed by this
Court as interim class counsel, and because the putative class in @\_A@ at least partially
overlaps with the putative class in , this Court should coordinate the two actions
and, upon coordination, deny and/or hold in abeyance the counsel’s request to be
appointed interim class counsel. As these cases progress in a coordinated Gout not
'

Case 1 :04-cv-01483-JJF Document 37 Filed 01/20/2006 Page 3 of 3
consolidated) fashion, the need for any class counsel to pursue the non-overlapping
aspects of Millett can be considered and addressed.
This 20°h day of January, 2006.
POPE, McGLAMRY, KILPATRICK,
MORRISON & NORWOOD, LLP
/s/ Wade H. Tomlinson, III
Wade H. Tomlinson, III
Georgia Bar No. 714605
C. Neal Pope
Georgia Bar No. 583769
1111 Bay Avenue, Suite 450
P.O. Box 2128 (31902-2128)
Columbus, Georgia 31901
(706) 324-0050
(706) 327-1536 (Facsimile)
Michael L. McGlamry
Georgia Bar No. 492515
The Pinnacle, Suite 925
2455 Peachtree Road, N.E.
P.O. Box 191625 (31119-1625)
Atlanta, Georgia 30326-3243
(404) 523-7706
(404) 524-1648 (Facsimile)
MILBERG, WEISS, BERSHAD
& SCHULMAN, LLP
Melvyn I. Weiss
Brad N. Friedman
One Pennsylvania Plaza
New York, NY 10119
(212) 946-9450
(212) 273-4395 (Facsimile)
-a`nd-
Seth D. Rigrodsky (DSBA #3147)
Ralph N. Sianni (DSBA #4151)
919 North Market Street, Suite 980
Wilmington, DE 19801
(302) 984-0597
ATTORNEYS FOR PLAINTIFFS
3