2102635.3

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

LAWRENCE H. GRESS, and on behalf of himself 

and others similarly situated,

Plaintiff,

v.

COMMONWEALTH EDISON COMPANY, an 

Illinois corporation; JOHN DOES 1-100,

Defendants.

Case No. 1:20-cv-04405

MOTION FOR ENTRY OF PRE-TRIAL 

ORDER

STEVEN BROOKS, DAVID CHAVEZ, and1540 

N. MILWAUKEE LLC d/b/a DSTRKT BAR & 

GRILL,, for themselves individually and for all 

class members similarly situated,

Plaintiffs,

v.

COMMONWEALTH EDISON COMPANY, d/b/a 

ComEd and EXELON CORPORATION,

Defendants.

Case No. 1:20-cv-04555

SOUTH BRANCH LLC, TFO GOLUB 

BURNHAM LLC, d/b/a THE BURNHAM 

CENTER, TFO GOLUB IT 2.0 LLC, d/b/a 

INTERNATIONAL TOWER, and ROCKWELL 

ON THE RIVER LLC, for themselves individually 

and for all class members similarly situated,

Plaintiffs,

v.

COMMONWEALTH EDISON COMPANY d/b/a 

ComEd; and EXELON CORPORATION,

Defendants.

Case No. 1:20-cv-04980

Case: 1:20-cv-04405 Document #: 66 Filed: 12/22/20 Page 1 of 5 PageID #:1328
2102635.3

Jonathan D. Selbin

Lieff, Cabraser, Heimann

& Bernstein, LLP

250 Hudson Street,

8th Floor

New York, NY 10013

212.355.9500

Derek W. Loeser 

Keller Rohrback, LLP

1201 Third Avenue,

Suite 3200

Seattle, WA 98101

206.623.1900

Interim Co-Lead Counsel

Matthew J. Piers 

Hughes Socol Piers 

Resnick & Dym, Ltd.

70 W. Madison St.,

Suite 4000 

Chicago, IL 60602

312.480.0100

Laurel G. Bellows

The Bellows Law Group, 

P.C.

209 South LaSalle,

Suite 800

Chicago, IL 60604

312.332.3340

Liaison Counsel

Gary M. Klinger

Mason, Lietz & Klinger, 

LLP

227 W. Monroe Street,

Suite 2100

Chicago, IL 60606

202.975.0477

Michael I. Leonard

LeonardMeyer, LLP

120 North LaSalle Street,

Suite 2000

Chicago, IL 60602

312.380.6559

Case: 1:20-cv-04405 Document #: 66 Filed: 12/22/20 Page 2 of 5 PageID #:1329
2102635.3 - 1 -

On December 2, 2020, this Court granted the motion by the “Gress-Brooks-South Branch 

group” to be designated “as interim class counsel” under Federal Rule of Civil Procedure 

23(g)(3). Doc. 64. As the Court directed, Interim Class Counsel have agreed upon a leadership 

structure as well as guidelines for the efficient management of the litigation. Plaintiffs 

respectfully request that the Court enter a pretrial order formalizing those arrangements. The 

Proposed Order has been emailed to the Court.

Federal courts, when appointing leadership in complex cases, regularly issue pre-trial 

orders assigning duties to lead and liaison counsel, and otherwise setting out the Court’s 

expectations for how the litigation will be conducted. See Manual for Complex Litigation (4th) 

§ 40.2 (sample case-management orders). A similar order was issued by Judge Gottschall in In 

re: Navistar Maxxforce Engines Mktg., Sales Practices and Prods. Liab. Litig., No. 14-10318, 

Doc. 27 (N.D. Ill. Mar. 15, 2015), and is attached as Exhibit A. In Interim Class Counsel’s 

experience, such orders are useful in setting out ex ante the authority and duties of appointed 

counsel, and concrete procedures and expectations for the work done on the case, and the time 

and costs to be submitted in any fee petition.

The Proposed Order would do the following:

1. Designate the leadership structure and make clear the duties and responsibilities of 

Co-Lead Counsel, Liaison Counsel, and the Executive Committee to maximize litigating this 

action effectively and efficiently;

2. Set forth guidelines for fee and expense allocation in order to ensure that all proposed 

fees and costs are accurate and reasonable; and 

3. Adopt case management protocols for Interim Co-Lead Counsel regarding the 

management of case-staffing, timekeeping, cost reimbursement, and related common benefit 

Case: 1:20-cv-04405 Document #: 66 Filed: 12/22/20 Page 3 of 5 PageID #:1330
2102635.3 - 2 -

issues in order to ensure the balance of efficient management of this multi-district litigation with 

the need to maintain quality and thoroughness in prosecuting this case.

Interim Class Counsel consulted with counsel for Defendants, who stated that Defendants 

take no position on this motion.

For all of the foregoing reasons, Plaintiffs respectfully request that the Court enter

Plaintiffs’ Proposed Pre-Trial Order Regarding Structure and Responsibilities of Interim Class 

Counsel and Guidelines for the Efficient Management of Litigation.

December 22, 2020 Respectfully submitted,

/s/ Jonathan D. Selbin

Jonathan D. Selbin 

/s/ Derek W. Loeser

Derek W. Loeser 

/s/ Matthew J. Piers

Matthew J. Piers

Interim Co-Lead Counsel

Case: 1:20-cv-04405 Document #: 66 Filed: 12/22/20 Page 4 of 5 PageID #:1331
2102635.3 - 3 -

CERTIFICATE OF SERVICE

I certify that on December 22, 2020, I served the foregoing document via ECF to all 

parties of record. 

/s/ Andrew R. Kaufman

Case: 1:20-cv-04405 Document #: 66 Filed: 12/22/20 Page 5 of 5 PageID #:1332