UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

THERESA MONTURANO, Derivatively on )

Behalf of Nominal Defendant GROUPON, INC., )

)

Plaintiff, )

)

vs. ) Case No. 12 C 2507

) Judge Joan H. Lefkow

ERIC LEFKOFSKY, PETER BARRIS, KEVIN )

EFRUSY, MELLODY HOBSON, BRAD KEYWELL, ) This document relates

TED LEONSIS, ANDREW MASON, and ) to:

HOWARD SCHULTZ, ) 12 C 2682, 12 C 3217,

) 12 C 3412, 12 C 3667,

Defendants, ) and 12 C 3792

)

and )

)

GROUPON, INC., )

)

Nominal Defendant. )

ORDER SETTING INITIAL CONFERENCE

It appearing that the above-numbered cases may merit special attention as

complex litigation, the court ORDERS:

1. Initial Conference. All parties shall appear for a conference with the undersigned

on June 4, 2012 at 10:00 a.m., in Courtroom 1925, United States Courthouse,

219 South Dearborn Street, Chicago, Illinois 60604.

(a) Attendance. To minimize costs and facilitate a manageable conference,

parties are not required to attend the conference, and parties with similar

interests are expected to agree to the extent practicable on a single

attorney to act on their joint behalf at the conference. A party will not, by

Case: 1:12-cv-02507 Document #: 42 Filed: 05/29/12 Page 1 of 5 PageID #:338
designating an attorney to represent its interests at the conference, be

precluded from other representation during the litigation; and attendance

at the conference will not waive objections to jurisdiction, venue, or

service.

(b) Service List. This order is being mailed to the persons shown on

Attachment I, which has been prepared from the list of counsel making

appearances.

2. Purposes and Agenda. The conference will be held for the purposes specified in

Fed. R. Civ. P. 16(a), 16(b), 16(c), and 26(f), and subject to the sanctions

prescribed in Rule 16(f). The items listed in the Manual for Complex Litigation

4th, section 11.21, shall, to the extent applicable, constitute a tentative agenda. 

Counsel are encouraged to advise the court as soon as possible of any items

that should be added to the agenda.

3. Preparations for Conference

(a) Procedures for Complex Litigation. Counsel are expected to be prepared

at the conference to suggest procedures that will facilitate the just,

speedy, and inexpensive resolution of this litigation.

(b) Initial Conference of Counsel. Before the conference, counsel shall confer

and seek consensus to the extent possible with respect to the items on the

agenda, including a proposed discovery plan under Rule 26(f), a

suggested schedule under Rule 16(b) for joinder of parties, amendment of

pleadings, consideration of any class action allegations, motions, and trial,

and the need for an order regarding the preservation of records. The

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court designates Adam J. Levitt of Wolf, Haldenstein, Adler, Freeman &

Herz LLC, Chicago, Illinois, and Anton Valukas of Jenner & Block,

Chicago, Illinois, to arrange the initial meetings of plaintiffs’ and

defendants’ counsel.

(c) Preliminary reports. Counsel will submit to the court by Thursday, May 31,

2012, a brief written statement indicating their preliminary understanding

of the facts involved in the litigation and the critical factual and legal

issues. These statements will not be filed with the clerk, will not be

binding, will not waive claims or defenses, and may not be offered into

evidence against a party in later proceedings.

(d) List of Pending Motions. Counsel’s statement shall list all pending

motions.

(e) List of Related Cases. Counsel’s statement shall list all related cases

pending in state or federal court and their current status, to the extent

known.

4. Interim Measures. Until otherwise ordered by the court:

(a) Pleadings. Each defendant is granted an extension of time for responding

by motion or answer to the complaint(s) until a date to be set at the

conference.

(b) Motions. No motion shall be filed under Rule 11, 12, or 56 without leave

of court and unless it includes a certificate that the movant has conferred

with opposing counsel in a good-faith effort to resolve the matter without

court action.

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5. Later Filed Cases. This order shall also apply to related cases later filed in,

removed to, or transferred to this court.

Enter: _____________________________

Dated: May 29, 2012 JOAN HUMPHREY LEFKOW

 United States District Judge

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ATTACHMENT 1 - SERVICE LIST

Matthew M. Houston Anton R. Valukas

Harwood Feffer LLP Jenner & Block LLP

488 Madison Avenue 353 North Clark Street

8th Floor Chicago, IL 60654

New York, NY 10022

Marvin A. Miller

Miller Law LLC

115 South LaSalle Street

Suite 2910

Chicago, IL 60603

Todd C. Jacobs

Grippo & Elden

111 South Wacker Drive

Chicago, IL 60606

Adam J. Levitt

Wolf Haldenstein Adler Freeman & Herz LLC

55 West Monroe Street

Suite 1111

Chicago, IL 60603

Keith J. Keogh

Keogh Law, Ltd.

101 North Wacker Drive

Suite 605

Chicago, IL 60606

Vincent L. DiTommaso

DiTommaso - Lubin

17W 220 22nd Street

Suite 200

Oakbrook Terrace, IL 60181

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