IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

IN RE: FICO ANTITRUST 

LITIGATION RELATED CASES

This document relates to: 

INDIRECT PURCHASER ACTIONS 

 Case No. 20-cv-02114 

 Honorable Edmond E. Chang 

MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR WITHDRAWAL AS 

COUNSEL AND SUBSTITUTION OF COUNSEL 

Cohen Milstein Sellers & Toll PLLC (“Cohen Milstein”) submits this memorandum of 

law in support of its motion to withdraw as counsel for Plaintiffs Alternative Finance, Inc. 

(“Alternative Finance”) and Brookfield Management Company (“Brookfield”) (collectively, “the 

Alternative Finance Plaintiffs,” or “AFPs”) and the Indirect Purchaser Plaintiff Class (“Indirect 

Purchaser Class”), and for Reinhardt Wendorf & Blanchfield and Spector Roseman & Kodroff 

PC to be substituted as counsel for the Indirect Purchaser Class. 

DISCUSSION 

Local Rule 83.17 provides that a party’s “attorney of record may not withdraw, nor may 

any other attorney file an appearance on behalf of the same party or as a substitute for the 

attorney of record, without first obtaining leave of court, except that substitutions or additions 

may be made without motion where both counsels are of the same firm.” Federal Rule of Civil 

Procedure 23(g)(1)(B) and (4) provide that “[c]lass counsel must fairly and adequately represent 

the interests of the class” and that “in appointing class counsel, the Court “may consider any . . . 

matter pertinent to counsel’s ability to fairly and adequately represent the interests of the class.” 

In the motion for consolidation and appointment as interim class counsel, Cohen Milstein 

was proposed as interim class counsel for a class of “all end-user business-customers that 
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indirectly purchased a FICO Score in the Business Market for credit scores for use and not for 

resale from January 1, 2006 through the present.” AFPs’ Compl. ¶ 89. In the briefing 

concerning leadership for the Class, Cohen Milstein explained that it was only seeking 

appointment for the class of end users it proposed and could not accept any other appointment. 

AFPs’ Resp. Br. n.12. However, the Court’s Memorandum Opinion and Order dated September 

30, 2021 directed Cohen Milstein to serve as interim class counsel for a markedly different class, 

consisting only of entities that “bought a FICO score from a company that is not FICO or a credit 

bureau,” which the Court defined as “the Indirect Purchasers” for purposes of the order. Mem. 

Op. and Order, at 8, 18 (ECF No. 83) (the “Consolidation Order”). 

Cohen Milstein’s service as counsel for that class creates a potential positional conflict 

given the Complaint it previously filed and the position it took in the leadership papers. 

Accordingly, under these circumstances, appointing new interim class counsel for the IPPs is 

appropriate. See Fed. R. Civ. P. 23(g). As will be outlined in their motion for appointment as 

lead counsel for the IPP Class to be filed shortly, Reinhardt Wendorf & Blanchfield and Spector 

Roseman & Kodroff PC are qualified to take on this role, satisfying Rule 23(g)’s adequacy 

requirement for interim class counsel. Brookfield and Alternative Finance have been advised of 

Cohen Milstein’s request to withdraw as counsel and have no objections. Accordingly, Cohen 

Milstein requests that the Court permit it to withdraw as counsel, and name Reinhardt Wendorf 

& Blanchfield and Spector Roseman & Kodroff PC as replacement interim class counsel for the 

Indirect Purchaser Plaintiffs. 
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CONCLUSION 

For the reasons stated above, Cohen Milstein respectfully requests that the Court grant its 

motion. 

October 21, 2021 Respectfully submitted, 

 

 

/s/ Brent W. Johnson 

 Brent W. Johnson (pro hac vice) 

 Daniel McCuaig (pro hac vice) 

Cohen Milstein Sellers & Toll PLLC 

1100 New York Ave. NW, Fifth Floor 

Washington, DC 20005 

(202) 408-4600 

bjohnson@cohenmilstein.com 

dmccuaig@cohenmilstein.com 

Carol V. Gilden 

Cohen Milstein Sellers & Toll PLLC 

190 South LaSalle Street, Suite 1705 

Chicago, IL 60603 

(312) 357-0370 

IL Bar No. 6185530 

cgilden@cohenmilstein.com 

Michael Eisenkraft (pro hac vice) 

Christopher Bateman (pro hac vice) 

David O. Fisher (pro hac vice) 

Cohen Milstein Sellers & Toll PLLC 

88 Pine Street, 14th Floor 

New York, NY 10005 

(212) 838-7797 

meisenkraft@cohenmilstein.com 

cbateman@cohenmilstein.com 

dfisher@cohenmilstein.com 

 

Attorneys for Plaintiffs Alternative Finance, 

Inc., Brookfield Management Company, and 

the Indirect Purchaser Class