IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

 

IN RE: GROUPON DERIVATIVE 

LITIGATION 

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Master Docket No. 1:12-cv-5300 

Hon. Andrea R. Wood 

Hon. Mary M. Rowland 

PLAINTIFFS’ AGREED MOTION FOR ENTRY OF PROPOSED ORDER 

REGARDING SETTLEMENT PROCEDINGS 

Plaintiffs in the above-captioned action, by their undersigned counsel, respectfully submit 

this Motion for Entry of Agreed [Proposed] Order Regarding Settlement Proceedings (“Agreed 

Motion”). In support of their Agreed Motion, Plaintiffs state as follows: 

1. On December 2, 2016, a Stipulation of Settlement, (the “Stipulation”), was made 

and entered into by and among (i) Plaintiffs Christine Lutz, Chad Martin, Theresa Monturano, 

Shawn Potter, Rajeev Tipnis, and Kent Wong (the “Federal Court Plaintiffs”) in this 

consolidated action, In re Groupon Derivative Litigation, Case No. 1:12-cv-5300 (N.D. Ill.) 

individually and derivatively on behalf of nominal defendant Groupon, Inc.; ("Groupon" or the 

"Company"); (ii) Plaintiffs Hansel Orrego and Jayeon Kim (the "State Court Plaintiffs") in the 

consolidated action, Orrego & Kim v. Lejkosky, et al., Case No.: 2012-CH-12420 (Consolidated 

with 2012-CH-19431) (Ill. Cir. Ct., Cook Cnty., Ch. Div.), individually and derivatively on 

behalf of nominal Defendant Groupon, Inc.;, (iii) Defendants Peter Barris, Jason Child, Joseph 

Del Preto, Kevin J. Efrusy, Mellody Hobson, Bradley A. Keywell, Eric P. Lefkofsky, Theodore 

J. Leonsis, Andrew D. Mason, and Howard Schultz (the "Individual Defendants"); and (iv) 

nominal Defendant Groupon. 

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2. On December 29, 2016, the State Court Plaintiffs, joined by the Federal Court 

Plaintiffs, filed Plaintiffs’ Unopposed Motion for Preliminary Approval of Settlement and 

Memorandum of Law in Support along with a copy of the Stipulation in the state court derivative 

action pending before Judge Franklin U. Valderrama in the Circuit Court of Cook County, 

Chancery Division. 

3. The Stipulation contains a provision that requires Plaintiffs’ Counsel within ten 

business days after filing of the Stipulation and application for entry of the Preliminary Approval 

Order with the State Court, to file an Agreed Order with the Federal Court stating that: (i) the 

case has been settled; (ii) the motion for preliminary approval and notice have been filed in the 

State Court; (iii) upon entry of the Judgment by the State Court, the parties will file an Agreed 

Motion for Voluntary Dismissal with Prejudice of the Federal Action; and (iv) the stay of 

proceedings in the Federal Court will continue unless and until (subject to section 6.1 of the 

Stipulation) the Stipulation is in any way cancelled or terminated. 

4. Accordingly, Plaintiffs have prepared the Proposed Agreed Order attached hereto 

as Exhibit A which has been approved by the Defendants. 

5. The next status hearing in this action is presently scheduled for March 30, 2017 at 

9:00 a.m. (Dkt. No. 55). 

 WHEREFORE, for all of the foregoing reasons, Plaintiffs respectfully request that this 

Court grant their Agreed Motion and enter the Proposed Order Regarding Settlement 

Proceedings attached hereto as Exhibit A. 

Case: 1:12-cv-05300 Document #: 56 Filed: 01/13/17 Page 2 of 3 PageID #:242
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Dated January 13, 2017 Respectfully submitted, 

By: /s/ Theodore B. Bell 

Theodore B. Bell 

WOLF HALDENSTEIN ADLER 

 FREEMAN & HERZ LLC

70 West Monroe Street, Suite 1400 

Chicago, Illinois 60602 

Tel: (312) 984-0000 

 

 Fred Taylor Isquith 

 WOLF HALDENSTEIN ADLER

 FREEMAN & HERZ LLP

270 Madison Avenue 

New York, New York 10016 

Tel: (212) 545-4600 

Robert I. Harwood 

Matthew M. Houston 

Benjamin I. Sachs-Michaels 

HARWOOD FEFFER LLP 

488 Madison Avenue 

New York, New York 10022 

Tel: (212) 935-7400 

 

Plaintiffs’ Co-Lead Counsel 

 Marvin A. Miller 

 Lori A. Fanning 

 MILLER LAW LLC 

 115 South LaSalle Street, Suite 2910 

 Chicago, Illinois 60603 

 Tel: (312) 332-3400 

 Plaintiffs’ Liaison Counsel 

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