UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

STEVE HARTEL, Individually and on Behalf 

of All Others Similarly Situated,

Plaintiff, 

v.

THE GEO GROUP, INC., GEORGE C. 

ZOLEY, and BRIAN R. EVANS,

Defendants.

Case No. 9:20-cv-81063-RS

UNOPPOSED MOTION FOR ENTRY OF THE ATTACHED PROPOSED OMNIBUS 

ORDER APPOINTING LEAD PLAINTIFFS, APPROVING SELECTION OF 

COUNSEL, DISMISSING THE CURRENT COMPLAINT WITHOUT PREJUDICE, 

SETTING DEADLINE FOR AMENDING THE COMPLAINT,

AND SETTING RELATED DEADLINES

Lead plaintiff movants James Michael DeLoach and Edward Oketola move for the Court 

to enter the attached unopposed order that grants the following unopposed relief, which will fully 

resolve the pending motions at ECF Nos. 6, 19, 21, 22, 23, and 24, and in support respectfully 

state as follows.

1. On July 7, 2020, plaintiff Steve Hartel commenced this class action against The 

GEO Group, Inc. (“GEO Group”), George C. Zoley, and Brian R. Evans (“Defendants”) alleging 

violations of §§10(b) and 20(a) of the Securities Exchange Act of 1934.

2. On July 7, 2020, pursuant to the Private Securities Litigation Reform Act of 1995 

(“PSLRA”), 15 U.S.C. §78u-4(a)(3)(A)(i), plaintiff Hartel published a “Notice” via a major 

newswire advising members of the purported Class of (1) the pendency of the action, (2) the claims 

asserted therein, (3) the purported Class Period, and (4) that in not later than 60 days, any member 

of the putative Class may move the court to serve as lead plaintiff.

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3. On August 12, 2020, Defendants filed a motion to dismiss [ECF No. 6]. 

4. On September 8, 2020, pursuant to Section 21D of the PSLRA, lead plaintiff 

movants James Michael DeLoach, Edward Oketola, Rick Polland, Doug Marshall, and Ye Zhang 

filed timely motions for appointment as lead plaintiff and approval of counsel as lead counsel

(“Lead Plaintiff Motions”) [ECF Nos. 19, 21, 22, 23, 24].

5. The Lead Plaintiff Movants have collectively agreed that, rather than continue to 

litigate their competing motions, it is in the best interest of the Class that the Court amicably 

resolve the Lead Plaintiff Motions by appointing James Michael DeLoach and Edward Oketola as 

Co-Lead Plaintiffs (the “Proposed Co-Lead Plaintiffs”) and their counsel, Levi & Korsinsky, LLP 

and Roche Cyrulnik Freedman, LLP, as Co-Lead Counsel (the “Proposed Co-Lead Counsel”). 

6. The PSLRA, 15 U.S.C. §78u-4(a)(3)(B)(iii), provides, inter alia, that the “most 

adequate plaintiff” to serve as lead plaintiff is the person or group that has the largest financial 

interest in the relief sought by the Class. Proposed Co-Lead Plaintiffs believe they have the largest 

financial interest among the Lead Plaintiff Motions.

7. Proposed Co-Lead Plaintiffs have provided personally signed, sworn certifications 

which comply with the requirements of 15 U.S.C. §78u-4(a)(2) by setting forth, among other 

things, all of the specific transactions of each plaintiff in GEO Group securities during the Class 

Period specified in the complaint. See [ECF Nos. 22-3, 23-1]. 

8. 15 U.S.C. §78u-4(a)(3)(B)(iii)(I)(cc) provides that, in addition to possessing the 

largest financial interest in the outcome of the litigation, a lead plaintiff must “otherwise satisfy 

the requirements of Rule 23 of the Federal Rules of Civil Procedure,” and Proposed Co-Lead 

Plaintiffs have each demonstrated adequacy as lead plaintiff because, consistent with 15 U.S.C. 

§78u 4(a)(3)(b)(iii)(I), each: (1) has made a timely motion for appointment as lead plaintiff, (2) 

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has retained experienced and competent counsel to prosecute this case on behalf of the Class, (3) 

as a result of sustaining substantial financial losses from investments in GEO Group securities, is 

extremely motivated to pursue the claims in this action, and (4) is not aware of any unique defenses 

defendants could raise against them that would render them inadequate to represent the Class or 

that they have any interests antagonistic to the Class. See [ECF Nos. 22, 23]. 

9. The claims of Proposed Co-Lead Plaintiffs further satisfy the requirements of Rule 

23 and the PSLRA as their interests are closely aligned with those of the other Class members 

because each of their claims: (1) arise from the same event, practice or course of conduct that gives 

rise to other Class members’ claims, (2) are based on the same legal theory as other Class members’ 

claims, and (3) are typical of the claims asserted by the Class because, like all members of the 

Class, Proposed Co-Lead Plaintiffs (i) each allege that defendants violated the Exchange Act by 

publicly disseminating false and misleading statements concerning GEO Group’s business, 

operations, and prospects, and (ii) each sustained damages as a result of their respective purchases 

of GEO Group securities during the Class Period at prices artificially inflated by defendants’ 

alleged misrepresentations and omissions. See [ECF Nos. 22, 23.]

10. 15 U.S.C. §78u-4(a)(3)(B)(iv) provides that, subject to the approval of the Court, 

the most adequate plaintiff will select and retain counsel to represent the Class. Proposed Co-Lead 

Plaintiffs have retained Proposed Co-Lead Counsel to pursue this litigation on behalf of the Class 

if they are appointed lead plaintiffs; thus the Class will receive the highest caliber of legal 

representation because each of these firms is experienced in class action and securities litigation 

and has successfully prosecuted securities fraud class actions on behalf of injured investors;

11. Movants Rick Polland, Doug Marshall, and Ye Zhang, by and through their 

undersigned counsel, consent to this application and, in turn, withdraw their respective Lead 

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Plaintiff Motions [ECF Nos. 19, 21, 25]. Defendants, moreover, do not believe that they have 

standing to oppose—and, therefore, do not oppose—the requested appointments of Proposed CoLead Plaintiffs and Proposed Co-Lead Counsel. Accordingly, there is no longer a dispute as to the 

relief requested in the Lead Plaintiff Motions [ECF Nos. 19, 21, 22, 23, 24].

12. In light of the requested appointments described above, Proposed Co-Lead 

Plaintiffs and Proposed Co-Lead Counsel intend to file an amended complaint, as they did not 

draft or file the current Complaint [ECF No. 1]. In the interest of judicial economy, therefore, 

Proposed Co-Lead Plaintiffs request, and Defendants agree, that the Court: (a) dismiss the 

Complaint without prejudice, with both sides to bear their own costs and fees; (b) direct Proposed 

Co-Lead Plaintiffs to file their amended complaint by November 17, 2020 (within 60 days of this 

filing); (c) provide Defendants until December 18, 2020 to file their responsive motion or answer; 

(d) if a motion to dismiss is filed, provide Co-Lead Plaintiffs until January 18, 2021 to file a 

response; and (e) provide Defendants until February 2, 2021 to file their reply.

13. Thus, to resolve the motions at ECF Nos. 6, 19, 21, 22, 23, and 24, Proposed CoLead Plaintiffs request that the Court issue the attached proposed and unopposed order: 

(i) appointing James Michael DeLoach and Edward Oketola as Co-Lead Plaintiffs for the Class; 

(ii) approving Co-Lead Plaintiffs’ selections of counsel – Levi & Korsinsky, LLP and Roche 

Cyrulnik Freedman, LLP – as Co-Lead Counsel; (iii) dismissing the Complaint [ECF No. 1] 

without prejudice, with all parties to bear their own fees and costs, only with respect to the initial 

complaint, without prejudice to any other entitlement or request for costs or fees; (iv) ordering CoLead Plaintiffs to file an amended complaint by November 17, 2020; (v) setting the agreed briefing 

schedule set forth above; and (vi) issuing such other and further relief as the Court may deem just 

and proper.

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S.D. FLA. L.R. 7.1 CERTIFICATION

In accordance with S.D. Fla. L.R. 7.1(a)(3), Plaintiffs and Defendants conferred in good 

faith and, as indicated above, the relief sought is unopposed, and the attached order is unopposed.

Dated: September 18, 2020

Dated: September 18, 2020

Respectfully submitted,

ROCHE CYRULNIK FREEDMAN LLP

/s/ Velvel Freedman

Velvel (Devin) Freedman (FL# 99762) 

Constantine P. Economides (FL# 118177) 

Ivy T. Ngo (pro hac forthcoming) 

Southeast Financial Center 

200 S. Biscayne Blvd. Suite 5500 

Miami, FL 33131 

Telephone: (305) 851-5997 

Emails: vel@rcfllp.com 

ceconomides@rcfllp.com 

ingo@rcfllp.com 

Attorneys for Movant Edward Oketola and 

Proposed Co-Lead Counsel for the Class

CULLIN O’BRIEN LAW, P.A.

/s/ Cullin O’Brien 

Cullin O’Brien (FL# 0597341)

6541 NE 21st Way

Fort Lauderdale, Florida 33308

Tel: (561) 676-6370

Fax: (561) 320-0285

E-mail: cullin@cullinobrienlaw.com

Liaison Counsel for Movant James Michael 

DeLoach and Proposed Liaison Counsel for 

the Class

LEVI & KORSINSKY, LLP 

Nicholas I. Porritt 

Adam M. Apton 

1101 30th Street NW, Suite 115 

Washington, DC 20007 

Tel: (202) 524-4290 

Fax: (202) 333-2121 

Case 9:20-cv-81063-RS Document 26 Entered on FLSD Docket 09/18/2020 Page 6 of 8
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Dated: September 18, 2020

Dated: September 18, 2020

Email: nporritt@zlk.com 

Email: aapton@zlk.com 

pro hac vice to be submitted

Attorneys for Movant James Michael DeLoach

and Proposed Co-Lead Counsel for Plaintiffs

DESMOND LAW FIRM, P.C.

/s/ Leo W. Desmond 

Leo W. Desmond, Esquire (FL# 0041920) 

5070 Highway A1A, Suite D 

Vero Beach, Florida 32963 

Telephone: 772.231.9600 

Facsimile: 772.231.0300 

lwd@desmondlawfirm.com

GLANCY PRONGAY & MURRAY LLP

Robert V. Prongay 

Charles H. Linehan 

Pavithra Rajesh 

1925 Century Park East, Suite 2100 

Los Angeles, CA 90067 

Telephone: 310-201-9150 

Facsimile: 310-201-9160 

Email: info@glancylaw.com

Attorneys for Movant Rick Polland

SHEPHERD, FINKELMAN, MILLER & 

SHAH, LLP

/s/ Jayne A. Goldstein 

Jayne A. Goldstein (FL# 144088)

1625 N. Commerce Pkwy, Suite 320 

Fort Lauderdale, FL 33326 

(866) 849-7545 

Fax: (866) 300-7367 

jgoldstein@sfmslaw.com

POMERANTZ LLP

James M. LoPiano

600 Third Avenue 

New York, NY 10016 

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Dated: September 18, 2020

(212) 661-1100 

Fax: (917) 463-1044 

jlopiano@pomlaw.com 

Attorneys for Plaintiff Steve Hartel and Movant 

Doug Marshall

THE ROSEN LAW FIRM, P.A. 

/s/Laurence M. Rosen

Laurence M. Rosen, Esq. (FL# 0182877)

275 Madison Avenue, 40th Floor 

New York, New York 10016 

Telephone: (212) 686-1060 

Fax: (212) 202-3827 

Email: lrosen@rosenlegal.com 

Attorneys for Movant Ye Zhang

CERTIFICATE OF SERVICE

I hereby certify that on September 18, 2020, I authorized the electronic filing of the 

foregoing with the Clerk of the Court using the CM/ECF system which will send notification of 

such filing to the e-mail addresses denoted on the attached Electronic Mail Notice List.

/s/ Cullin O’Brien 

Cullin O’Brien (FL# 0597341)

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