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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

In re: Refrigerant Compressors Case No. 2:09-md-02042

Antitrust Litigation

HONORABLE SEAN F. COX

___________________________/ United States District Court

ORDER APPOINTING INTERIM LEAD COUNSEL 

FOR DIRECT PURCHASER PLAINTIFFS 

Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court may designate

interim counsel to act on behalf of the putative class before determining whether to certify the

action as a class action. FED. R. CIV. P. 23(g)(2). 

The following motions containing requests for appointment of Interim Lead Counsel for

the Direct Purchaser Plaintiffs are currently pending before the Court: 

• “Motion by the Vast Majority of Direct Purchaser Plaintiffs for the Appointment

of The Miller Law Firm, P.C. as Sole Interim Lead Counsel and that No

Executive Committee be Appointed Now,” [Doc. No. 105], filed by the “Miller

Group,” a group of eighty-one plaintiff firms in this action, seeking 1) the

appointment of the Miller Law Firm, P.C. as the sole Interim Lead Counsel for

the Direct Purchaser Plaintiffs; and 2) that No Interim Executive Committee be

appointed at this time. 

• “Motion to Appoint S. Thomas Weinner of Weinner & Gould, P.C. as an Interim

Class/Liason Counsel and Gerald J. Rodos of Barrack, Rodos & Bacine, Bonny E.

Sweeny of Coughlin Stoia Geller Rudman & Robbins LLP and Anthony D.

Shapiro of Hagens Berman Sobol Shapiro LLP as Members of the Interim

Executive Committee,” [Doc. No. 100], filed by a group of fourteen plaintiff

firms in this action, seeking 1) the appointment of S. Thomas Weinner of Weinner

& Gould, P.C. as the sole Interim Lead Counsel for the Direct Purchaser

Plaintiffs; and 2) an Interim Executive Committee comprised of several plaintiff

law firms.

• “Motion of Plaintiffs St. Boni Farm Store Corporation, The Mitchell Company,

Inc. And Cincinnati Sub-Zero Products, Inc. For Appointment of (1) Berger &

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Montague, P.C. and Keating Muething & Klekanp PLL as Interim Class Counsel

for the Direct Purchaser Plaintiffs, or, in the alternative, as Members of the

Executive Committee; and (2) Gurewitz and Raban, PLC and/or Nagi, Baxter &

Seymour, P.C. as Liason Counsel for the Direct Purchaser Plaintiffs,” [Doc. No.

101], filed by a group of four plaintiff firms in this action, seeking 1) the

appointment of Berger & Montague, P.C. and Keating Meuthing & Klekamp PLL

as Interim Class Counsel, or, in the alternative, as members of the Interim

Executive Committee; and 2) an Interim Executive Committee comprised of

several plaintiff law firms. 

The Court finds that the issues have been adequately presented in the parties’ briefs and

other written submissions and that oral argument would not significantly aid the decisional

process. See E.D. Mich. Local Rule 7.1(e)(2). The Court therefore orders that the motions will

be decided without oral argument. 

After careful consideration of the above motions, their supporting briefs, and exhibits to

same, this Court hereby GRANTS IN PART the Miller Group’s motion seeking appointment as

Interim Lead Counsel for the Direct Purchaser Plaintiffs [Doc. No. 105]. The Court concludes

that David H. Fink with the Miller Law Firm, P.C. is the applicant best able to represent the

interests of the putative class and therefore ORDERS that DAVID H. FINK and THE

MILLER LAW FIRM, P.C. are hereby APPOINTED AS INTERIM LEAD COUNSEL

FOR THE DIRECT PURCHASER PLAINTIFFS. All other requests for Appointment of

Interim Lead Counsel, or Interim Co-Lead Counsel, are hereby DENIED. 

It is FURTHER ORDERED that DAVID H. FINK of THE MILLER LAW FIRM,

P.C., and S. THOMAS WEINNER of WEINNER & GOULD, P.C., are hereby

APPOINTED to the INTERIM EXECUTIVE COMMITTEE FOR PLAINTIFFS. The

Court intends to make further appointments to the Interim Executive Committee during the

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course of the litigation and, therefore, the Court declines to rule on the remaining requests for

appointment to the Interim Executive Committee at this time. 

IT IS SO ORDERED. 

S/Sean F. Cox 

Sean F. Cox

United States District Judge

Dated: November 2, 2009

I hereby certify that a copy of the foregoing document was served upon counsel of record on

November 2, 2009, by electronic and/or ordinary mail.

S/Jennifer Hernandez 

Case Manager

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